IN THE CASE OF:
BOARD DATE: 6 March 2014
DOCKET NUMBER: AR20130012203
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, in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart.
2. The applicant states his medical records should show he received a gunshot wound.
3. The applicant provides no additional evidence.
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. After having had prior enlisted service, the applicant enlisted in the Regular Army on 24 March 1961 and held military occupational specialty 686.10 (Airframe Repairman). The highest rank/grade he attained during this period of service was specialist four/E-4.
3. He served in Vietnam from 7 May 1963 to 7 January 1964 and was assigned to the 544th Transportation Detachment.
4. He was discharged from active duty on 6 March 1964. His DD Form 214 does not list the Purple Heart.
5. There is nothing in the typical source documents to confirm he was wounded in action and/or treated for a combat injury/wound:
* Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) does not show he was in a patient status
* Section 8 (Wounds Received Through Enemy Action) of his DA Form 24 does not reflect a combat wound or injury
* Section 9 (Medals, Decorations, and Citations of his DA Form 24 does not show award of the Purple Heart.
* his records do not contain general orders awarding him the Purple Heart
* his name is not shown on the Vietnam casualty listing
* a review of the Awards and Decorations Computer Assisted Retrieval System an index of general orders issued during the Vietnam era between 1965 and 1973 and maintained by the U.S. Army Human Resources Command Military Awards Branch failed to reveal Purple Heart orders for him
* his official records do not contain a Department of the Army message or a Western Union telegram regarding any injury or wound
* there are no medical records which note any combat injuries or wounds
6. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against and 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 award of the Purple Heart requires the submission of substantiating evidence to verify 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.
2. The applicant's service record is void of any evidence that shows he was wounded or injured as a result of enemy action.
3. In the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart.
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) AR20130012203
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ABCMR Record of Proceedings (cont) AR20130012203
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