IN THE CASE OF:
BOARD DATE: 19 December 2013
DOCKET NUMBER: AR20130007070
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Purple Heart.
2. The applicant states:
* he was injured by a gunshot and he was told he would receive the Purple Heart
* he has suffered many years due to the gunshot wound and thought he would receive some kind of recognition for his time served
3. The applicant provides:
* DD Form 214 (Report of Separation from Active Duty)
* Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) extract
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 22 July 1970. He completed training and was awarded military occupational specialty 36C (Lineman). On 30 March 1971, he was honorably discharged and he immediately reenlisted on 31 March 1971. He served in Vietnam from 26 January 1971 to 6 January 1972.
3. On 9 May 1974, the applicant was honorably released from active duty and transferred to the U.S. Army Control Group (Reinforcement). His DD Form 214 for this period of service does not show award of the Purple Heart.
4. There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart. There is nothing in the typical sources below that show he was wounded and/or injured as a result of hostile action:
a. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) does not show he was ever in a patient status.
b. Item 40 (Wounds) of his DA Form 20 does not show a combat wound or injury. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20. This regulation further stated the date the wound or injury occurred would also be placed in item 40.
c. Item 41 (Awards and Decorations) no Purple Heart.
d. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart or Bronze Star Medal pertaining to him.
e. His name is not shown on the Vietnam casualty listing. This is a microfiche listing of Vietnam Era casualties that is used to verify entitlement to the Purple Heart.
5. A VA Form 07-3101 (Request for Information), dated 6 June 1974, filed in the applicant's record shows a request for additional information on the following:
* gunshot wound to the applicant's left shoulder
* line of duty report of the gunshot wound inflicted by friend
6. The applicant provides a copy of his DD Form 214 for the period ending 9 May 1974 and an extract from the VASRD which shows disability ratings for intrinsic muscles of the shoulder girdle.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record. The available records do not contain such substantiating evidence.
2. A VA Form 07-3101 filed in the applicant's record indicates his injury was inflicted by a friend and a line of duty investigation was conducted. It appears that the gunshot wound he claims he received was not the result of hostile action.
3. In the absence of orders or any other documents verifying he was wounded as a result of hostile action, there is an insufficient evidentiary basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130007070
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