IN THE CASE OF:
BOARD DATE: 23 January 2014
DOCKET NUMBER: AR20130008795
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 should have been awarded the Purple Heart for injuries sustained in Vietnam.
3. The applicant provides two email witness statements.
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. He was inducted into the Army of the United States on 6 March 1968. He completed one-station unit training as an armor crewman at Fort Knox, Kentucky, and was transferred to Fort Hood, Texas, for duty as a tank driver.
3. On 31 July 1969 he was transferred to Vietnam for assignment to a cavalry troop. He was awarded military occupational specialty 11D (armor reconnaissance specialist) on 8 November 1969.
4. He departed Vietnam on 25 February 1970 and was transferred to Fort Lewis, Washington, where he was honorably released from active duty as an overseas returnee. He completed 1 year, 11 months, and 20 days of active service. He was awarded or authorized the National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Army Commendation Medal.
5. A review of his records failed to show any evidence of applicant being wounded or injured as a result of enemy action. Additionally, his name is not contained in the Vietnam casualty listing.
6. The email provided by the applicant indicates he was injured when his tracked vehicle went off a bridge into a river.
7. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments. It provides that 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. While the sincerity of the applicant's claim that he was injured in Vietnam is not in doubt, he has failed to show through the evidence submitted with his application and the evidence of record that he was injured as a result of enemy action and that medical care for such injuries was made a matter of record.
2. In the absence of such evidence there appears to be no basis to award him the Purple Heart at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_____________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) AR20130008795
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ABCMR Record of Proceedings (cont) AR20130008795
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