IN THE CASE OF:
BOARD DATE: 25 March 2014
DOCKET NUMBER: AR20130013363
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. He states he did not receive the Purple Heart because he did not feel there was any value in having the award. He states he just wanted to fly and not miss any missions.
3. He provides a photograph with a handwritten notation.
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 14 December 1966. He served in Vietnam from 4 August 1967 to 1 August 1968. He was honorably released from active duty on 4 August 1968.
3. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart. His name is not shown on the Vietnam casualty listing.
4. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not contain any entry. There is no documentation in the available record that shows he sustained wounds or was treated for wounds incurred as a result of hostile action.
5. 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 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant.
6. The applicant provided a photograph and noted it shows the top right side of his shaved head with stitches in the middle. He stated the doctor had to stitch his wound on the ground because they were still under rocket attack. He stated the incident happened on or about 29 January 1968 during the Tet Offensive.
7. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Purple Heart was awarded to any member of the Armed Forces of the United States who was wounded in action against an armed enemy of the United States or as a direct result of an act of such enemy provided the wound necessitated treatment by a medical officer. For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.
8. Army Regulation 600-8-22 (Military Awards), currently in effect, states 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:
Although the applicant provides a photograph which he maintains shows his wound, there are no available medical records and he did not provide sufficient evidence which shows he was wounded in action or treated for wounds as a result of hostile action during his service in Vietnam. In the absence of such evidence, there is an insufficient evidentiary basis for awarding 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 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) AR20130013363
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130013363
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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