IN THE CASE OF:
BOARD DATE: 16 April 2014
DOCKET NUMBER: AR20130013924
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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this medal.
2. The applicant states he was shot by enemy fire and hit in the left shoulder while operating a bulldozer in Phan Rang, Vietnam in about April 1966. He was treated by a medic who applied two butterfly stitches and ordered him back to work. He has a visible scar from this gunshot wound. He also has a copy of the Red Cross envelope which contained a letter notifying his parents of the combat injury.
3. The applicant provides a copy of an envelope and his DD Form 214 for the period ending 24 August 1967.
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 10 June 1963, the applicant enlisted in the Regular Army. He completed training and was awarded military occupational specialty 628.10 (Quarryman).
3. On 27 August 1964 he immediately reenlisted for 3 years. The highest rank he held was specialist five/pay grade E-5.
4. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 38 (Record of Assignments) he was assigned as a quarry machine operator in Company A, 62nd Engineer Battalion, Vietnam, during the period 2 August 1965 to 1 August 1966
* item 40 (Wounds) no identified battle wounds
5. A review of the Vietnam casualty list did not reveal the applicant's name.
6. He was honorably released from active duty on 24 August 1967. His DD Form 214 does not show award of the Purple Heart.
7. His record is void of any documents that indicate he was ever wounded in action.
8. He provides a copy of a Red Cross envelope date stamped 27 May 1966.
9. Army Regulation 600-8-22 (Military Awards) 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:
1. The applicant provides a copy of an envelope from the Red Cross in support of his request. However, the envelope is not sufficient evidence to support his contention that he was wounded in action while serving in Vietnam.
2. In the absence of orders or documentary evidence showing he was wounded or injured as a result of hostile action, treated for such wounds, or that the medical treatment was made a matter of official record, there is no basis for adding 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) AR20130013924
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