IN THE CASE OF:
BOARD DATE: 20 May 2014
DOCKET NUMBER: AR20130015027
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) to add the Purple Heart.
2. The applicant states he served two tours in Vietnam and was wounded in action. He was awarded the Purple Heart and was entitled to have this award added to his DD Form 214. The record correction is needed so he may qualify for compensation and veterans benefits, replacement medals, and representation/counsel.
3. The applicant provides:
* letter, dated 10 August 2013
* Form, Request Pertaining to Military Records, dated 10 August 2013
* certificate for award of the Purple Heart
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 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 22 March 1967 and held military occupational specialty 11B (Light Weapons Infantryman). The highest rank/grade he attained while serving on active duty was private first class/E-3.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 4 November 1967 to 6 February 1968 and from 4 November 1968 to 18 February 1969. His DA Form 20 also he was assigned in a patient status during both periods of service in Vietnam.
4. His record contains a Standard Form (SF) 513 (Consultation Sheet), dated
21 January 1968, which shows he was hit in the left side of his face and fractured his mandible. He was medically evacuated out of Vietnam as a result of this injury.
5. His record contains an SF 502 (Narrative Summary), dated 19 February 1969, which shows was treated for a paranoid schizophrenic reaction. He was medically evacuated out of Vietnam as a result of this condition.
6. He provided a certificate for award of the Purple Heart. This certificate stated he was wounded in action on 21 January 1968. However, this document does not show the orders number or order issuing authority.
7. He was discharged under conditions other than honorable on 5 June 1970. His DD Form 214 and subsequently issued DD Form 215 (Correction to DD Form 214) do not list the Purple Heart.
8. There is nothing in the typical source documents to confirm he was wounded in action and/or treated for a combat injury/wound:
* item 40 (Wounds) of his DA Form 20 does not reflect a combat wound or injury
* item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.
* his records do not contain general orders awarding him the Purple Heart
* his name is not shown on the Vietnam casualty listing
* 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 and maintained by the U.S. Army Human Resources Command Military Awards Branch failed to reveal Purple Heart orders for him
* his official records do not contain a Department of the Army message or a Western Union telegram regarding any injury or wound
* there are no medical records which note any combat injuries or wounds
9. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against and 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 criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical 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 enemy action. Unfortunately, the certificate he provided does not constitute sufficient evidence to confirm this award as it does not contain orders numbers or an order issuing authority. In the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action, there is insufficient evidence upon which to base 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 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) AR20130015027
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130015027
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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