BOARD DATE: 17 April 2014
DOCKET NUMBER: AR20130014042
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 records to show award of the Purple Heart.
2. The applicant states he was injured while serving in the Republic of Vietnam in 1969. In 1970, the Department of Veterans Affairs (VA) granted him disability for his service-connected injury with a 20% disability rating.
3. The applicant provides no documentary evidence in support of his application.
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 21 November 1968. He served in the Republic of Vietnam from 20 May 1969 through 20 May 1970.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 38 (Record of Assignments):
* 229th Supply and Service Company (29 May through 15 June 1969)
* 576th Ordnance Company (16 June through 20 October 1969)
* 62nd Transportation Company (21 October 1969 through 19 May 1970)
b. item 40 (Wounds) is blank (no entries); and
c. item 41 (Awards and Decorations) does not list the Purple Heart.
4. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was discharged on 21 May 1970.
a. He had completed 1 year, 6 months, and 1 day of total active service this period that included 1 year and 1 day of foreign service.
b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the Purple Heart.
5. A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was awarded the Purple Heart.
6. A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster failed to reveal the applicant's name.
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 award orders pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. The Purple Heart is awarded to any member who was wounded or killed in action or as a result of enemy action. A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy. In order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his records should be corrected to show award of the Purple Heart because he was injured while serving in the Republic of Vietnam in 1969 and the VA granted him disability for the service-connected injury.
2. The applicant's claim to the Purple Heart was carefully considered.
a. The fact that the VA granted him disability for a service-connected injury offers insufficient evidence to support a claim to the Purple Heart.
b. The applicant provides no military medical records that show he was injured as a result of enemy action (emphasis added).
c. His military personnel records do not show any evidence that he was wounded or injured in action as a result of a hostile act of the enemy.
d. The applicant's name is not listed on the Vietnam casualty roster.
e. Thus, the evidence of record does not support the applicant's contention.
3. Therefore, in view of all of the foregoing, there is an insufficient evidentiary basis to grant the applicant's request.
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) AR20130014042
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