IN THE CASE OF:
BOARD DATE: 12 December 2013
DOCKET NUMBER: AR20130007578
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 correction of his record to show he was awarded the Purple Heart (2nd Award) for wounds he received in combat in Vietnam.
2. He states that during his service in the U.S. Army he served in Vietnam from 1 April 1968 to 1 April 1969.
a. Within a week of arriving in Vietnam he was involved in an action in the Cholon section of Saigon. During the action, he was hit on the chin by shrapnel and received the only stitches he has ever received in his life. He remembers a medic handing him a Purple Heart, and he never thought more about it.
b. In mid-August 1968, his unit was performing a perimeter sweep near a camp hosting a "USO" show. Their flank came under fire, and he and another Soldier ran to support the squad that was taking fire. While running, he thought he kicked a rock, but he kept running. Several hours later, his left calf was still throbbing. He took his boot off and called for a medic. The medic saw that he had taken a round in his calf. The medic "dug it out and put a butterfly bandage on." He states he still has the hole. He doesn't know if the medic wrote it up or not. At the time of his discharge, he was not concerned with medals or awards.
3. He provides no additional evidence in support of his request.
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. On 17 May 1967, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 38 (Record of Assignments) he was assigned to duty in Vietnam with
* Company A, 6th Battalion, 31st Infantry, 9th Infantry Division, from 3 April 1968 to 22 February 1969
* Company D, 709th Maintenance Battalion, 9th Infantry Division, from 23 February to 29 March 1969
* item 40 (Wounds) no entries showing he was wounded
* item 41 (Awards and Decorations) no entry for the Purple Heart
4. On 31 March 1969, he was honorably released from active duty. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart.
5. His Army Military Human Resources Record (AMHRR) (formerly known as the Official Military Personnel File (OMPF)) does not contain any documentation indicating he was wounded in action or that he was awarded the Purple Heart.
6. His complete service medical records are not available for review.
7. Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name listed as a casualty.
8. Review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders for the Purple Heart pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while 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. Award of the Purple Heart is announced in orders.
DISCUSSION AND CONCLUSIONS:
The evidence of record does not show the applicant was wounded during his service in Vietnam, and he has not provided documentary evidence substantiating his claim that on two occasions he received wounds as a result of hostile action that warranted award of the Purple Heart. In the absence of such evidence, there is no basis for awarding him the Purple Heart (1st or 2nd Award) or for correcting his record to show he received this award.
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) AR20130007578
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ABCMR Record of Proceedings (cont) AR20130007578
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