IN THE CASE OF
BOARD DATE: 15 April 2014
DOCKET NUMBER: AR20130014580
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 for shrapnel wounds he received in Vietnam on 6 April 1971.
2. The applicant states he fell down a deep ravine, "scuffing [himself] up pretty good," on the evening of 5 April 1971 and his unit was attacked by North Vietnamese Army) Soldiers while waiting for the "dust-off [medical evacuation by helicopter]." He believes it was during this encounter that he received his wound. After dusting off the wounded, he returned to base with his unit and reported to the first aid station and was cleaned up and given a couple of days of light duty. After over 40 years of having trouble with his right leg on and off, including throbbing and burning sensations at times, he asked his doctor at the Department of Veterans Affairs Medical Center to x-ray. The x-ray showed a piece of shrapnel.
3. The applicant provides a self-authored letter to the Army Review Boards Agency, radiology report, orders awarding him the Army Commendation Medal with "V" Device and Bronze Star Medal, two third-party letters, Standard Form 600 (Chronological Record of Medical Care), and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 27 April 1970 for a period of 2 years. He completed one-station unit training as an armor reconnaissance specialist at Fort Knox, Kentucky, and was transferred to Vietnam on 28 September 1970.
3. He was initially assigned to Company E, 4th Battalion, 21st Infantry Regiment. On 17 June 1971, he was assigned to Troop E, 1st Cavalry Regiment. He was promoted to the rank of sergeant on 4 August 1971 and was reclassified to military occupational specialty (MOS) 11B (light weapons infantryman). On 17 October 1971, he was transferred to Troop A, 1st Squadron, 1st Cavalry Division.
4. He departed Vietnam on 8 November 1971 and was transferred to Fort Lewis, Washington, where he was honorably released from active duty as an overseas returnee. He completed 1 year, 6 months, and 12 days of active service. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Army Commendation Medal with 3rd Oak Leaf Cluster, Combat Infantryman Badge, and Bronze Star Medal.
5. A review of his official records shows no evidence indicating he was wounded in Vietnam. Additionally, his name is not contained in the Vietnam casualty listing.
6. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments. It provides that 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's contentions and supporting documents have been carefully reviewed and they do not provide sufficient evidence to show he meets the criteria for award of the Purple Heart.
2. While the sincerity of the applicant's claim that he was wounded in action in Vietnam is not in doubt, he failed to show through the evidence submitted with his application and the evidence of record that he was treated for his injuries and that the treatment was made a matter of record.
3. In the absence of evidence to show otherwise, there appears to be no basis to grant his request for award of 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) AR20130014580
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ABCMR Record of Proceedings (cont) AR20130014580
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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