IN THE CASE OF:
BOARD DATE: 13 March 2014
DOCKET NUMBER: AR20130012636
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 (PH).
2. The applicant states:
a. he was hit by a bullet on the left side of his eye while walking point; and
b. he was bandaged by the field medic and sent back to point a couple of days later.
3. The applicant provides:
* Witness Statement
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
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 26 September 1966, the applicant was inducted into the Army of the United States. He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 13 March 1967 to 8 March 1968, while assigned to the 25th Infantry Division. 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 25 September 1968, the applicant was honorably released from active duty after completing 2 years of creditable active service. The PH is not included among the list of awards shown on the DD Form 214 issued to him.
6. The applicant provides a witness statement from an individual who indicates:
a. while walking point with the applicant, the applicant suddenly went down and was knocked back;
b. both he and the applicant lined up and fired into the tree line where they saw a person running about 100 200 yards out; and
c. the applicant received field medical attention and returned back to otter fire base "Liz" within a couple of days.
7. 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.
8. 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 the applicant 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. As such there is no evidence to corroborate his claim or the information contained in the witness statement he provides that he was wounded in action and medically treated for any wounding. Absent evidence to confirm 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 and that treatment was made a matter of record 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 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) AR20130012636
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ABCMR Record of Proceedings (cont) AR20130012636
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