IN THE CASE OF:
BOARD DATE: 25 March 2014
DOCKET NUMBER: AR20130013045
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 the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was awarded the Purple Heart but it was never recorded on his DD Form 214.
3. The applicant provides copies of:
* his DD Form 214
* Standard Form 502 (Narrative Summary)
* Department of Veterans Affairs (VA) Form 2507 (Compensation and Pension Exam Report) from the Cleveland VA Medical Center
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 enlisted in the Regular Army on 22 October 1965. He held military occupational specialty (MOS) 76Y (General Supply Specialist).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. item 38 (Record of Assignments) that he served in Vietnam and he was assigned to the 295th Replacement Company, 90th Replacement Battalion, from 8 September 1966 to 13 September 1967;
b. item 40 (Wounds) no entry; and
c. item 41 (Awards and Decorations):
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
* two Overseas Service Bars
4. The applicant's DD Form 214 shows he was honorably released from active duty on 21 October 1968 in the rank of staff sergeant/E-6. He had completed 3 years of active service.
5. His DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
6. His name does not appear on the Vietnam Casualty Roster and his service medical records are not available for review with this case. .
7. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973, maintained by the Military Awards Branch of the U.S. Army Human Resources Command failed to reveal orders awarding the applicant the Purple Heart.
8. There is no evidence showing he was entitled to the Purple Heart.
9. The applicant provided:
a. A Narrative Summary, dated 27 June (year unknown) showing he was admitted to an unknown facility, from 25 to 27 June (year unknown). The document is only partially legible, but shows he injured his shoulders when he was thrown from a jeep. There were no fractures to his shoulders or arms. He was returned to light duty. There is no explanation of how the injury was sustained.
b. A VA Form 2507 indicates the applicant reported that while in Vietnam he was involved in a jeep accident that was a traumatic event. While returning to the base at night his group encountered a barricaded road. Their jeep went out of control, hit a tree, flipped, and he was the only one left conscious. He apparently held some enemy soldiers at bay and he was afraid of being overrun. Somehow he got the men up and out of the area and he sent for help. He was hospitalized for a couple of days, the record reflects he did not have any broken bones, and he was not seriously injured. He also indicated that those Soldiers in the jeep with him were evacuated out of Vietnam and he was not.
10. Army Regulation 600-8-22 (Military Awards) provides the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under hostile action. A physical lesion is not required; however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence showing he was awarded or entitled to award of the Purple Heart.
2. The applicant provides evidence showing he was hospitalized for 2 days apparently as a result of being thrown from a jeep. However, there is no official documentation showing the applicant was wounded or that he received treatment for wounds as a result of hostile action. Therefore, the evidence is an insufficient basis for award of the Purple Heart.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20100025029
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ABCMR Record of Proceedings (cont) AR20130013045
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