BOARD DATE: 22 April 2014
DOCKET NUMBER: AR20130013766
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 9 January 1972, to show award of the Purple Heart.
2. The applicant states the Purple Heart is not listed on this DD Form 214. He was awarded the Purple Heart during his service in Vietnam from 17 April 1968 through 16 April 1969.
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. The applicant enlisted in the Regular Army (RA) on 6 April 1964 and he held military occupational specialty (MOS) 63A (automotive mechanic helper). He was honorably discharged on 9 January 1966 for the purpose of immediate reenlistment. His DD Form 214 lists the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
3. He reenlisted in the RA on 10 January 1966 and he held MOS 41J (office machine repairman). He served in Vietnam from 17 April 1968 through 16 April 1969. He was discharged on 9 January 1972. His DD Form 214 lists the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Good Conduct Medal (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* two overseas service bars
4. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Records) does not show he was wounded in action while serving in Vietnam. Item 41 (Awards and Decorations) of this form does not list the Purple Heart.
5. There are no orders in his records authorizing or awarding him the Purple Heart.
6. His complete medical records are not available for review with this case and his name is not shown on the Vietnam casualty roster.
7. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that 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. By regulation, to be awarded the Purple Heart it is necessary to establish that a Soldier was wounded or injured in action. There must be evidence confirming the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record.
2. His service record is void of any evidence that shows he was wounded or injured as a result of combat during his period of service in Vietnam. His name does not appear on the Vietnam casualty listing and his DA Form 20 does not indicate he received a combat-related wound. Additionally, his complete medical records, which are necessary to confirm that treatment was required, are not available for review.
3. Notwithstanding his contention and his sincerity, 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 in this case. Therefore, there is insufficient evidence to add the Purple Heart to his DD Form 214.
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) AR20130013766
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ABCMR Record of Proceedings (cont) AR20130013766
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