IN THE CASE OF:
BOARD DATE: 9 January 2014
DOCKET NUMBER: AR20130007856
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, through a Member of Congress, award of the Purple Heart (PH).
2. The applicant states his exam taken on 20 July 2010 shows the blast explosion caused his tinnitus and chronic benign paroxysmal positional vertigo.
3. The applicant provides:
* 4-page Congressional Inquiry with Privacy Act Statement
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* letter of support
* witness statement
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 was inducted into the Army of the United States on 31 January 1967. He was trained in and awarded military occupational specialty 64B (Truck Driver).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 10 October 1968 to 8 March 1969, while assigned to the 172nd Transportation Company. Item 40 (Wounds) contains no entries.
4. His record does not contain an order or any other documents indicating he was ever recommended for or awarded the PH by proper authority.
5. On 8 March 1969, the applicant was honorably released from active duty after completing 1 year, 11 months, and 17 days of creditable active duty service.
6. The applicant provides a letter of support dated 21 January 2013 from an individual who indicates he thought the applicant was suffering from the heat, in July 2011, when he saw the applicant who was a little disoriented, stumble and almost fall to his knees, catch himself on the counter, regain his balance, get a drink of water, and then go home.
7. The same letter of support includes a statement from the applicant wherein he noted this was just one of the things he had to watch for and that his condition was not caused by the heat. He also indicated he saw the doctor the next day.
8. The applicant provides a witness statement from an individual who recalls the night a Russian rocket was fired and landed in their motor pool. It also includes a statement from the applicant which shows that he indicated he was hit by a small piece of shrapnel in his face and said he was okay.
9. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam Casualty Roster. There is no entry pertaining to the applicant.
10. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH. It states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence to show he suffered from a combat wound as a result of enemy action. Item 40 of the applicant's DA Form 20 is blank and his name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties. In addition, the evidence he provides contains no evidence to show the applicant was wounded in action and medically treated for any wounding. Absent evidence to corroborate that he was wounded as a result of enemy action and that he was treated for those wounds by military medical personnel while serving in the RVN the evidence he provides is insufficient to show he met the criteria for award of the Purple Heart.
2. The applicant and all others concerned should know that this action related to award of the PH in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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 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) AR20130007856
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ABCMR Record of Proceedings (cont) AR20130007856
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