IN THE CASE OF:
BOARD DATE: 13 May 2014
DOCKET NUMBER: AR20130015325
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, in effect, 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 the Purple Heart was not recorded on his DD Form 214.
3. The applicant provides his DD Form 214 and a letter, dated 10 August 2013.
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 12 August 1965 and held military occupational specialty 17B (Field Artillery Radar Crewman). The highest rank/grade he attained during this period of service was specialist five/E-5.
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 9 February 1966 to 8 February 1967 and from 15 October 1967 to 4 April 1968 and served with:
* the 231st Field Artillery Detachment from 14 February 1966 to 4 February 1967
* C Battery, 2nd Target Acquisition Battalion, 26th Artillery Regiment from 15 October 1967 to 1 April 1968
4. He was honorably released from active duty on 9 August 1968. His DD Form 214 does not list the Purple Heart.
5. There is nothing in the typical source documents to confirm he was wounded in action and/or treated for a combat injury/wound:
* Item 38 (Record of Assignments) of his DA Form 20 does not show he was in a patient status
* 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
6. He provided a letter, issued by an attorney [not representing him], dated
10 August 2013. This letter shows he suffered traumatic brain injury, tinnitus, and a possible mental disability as a result of enemy fire while serving in Vietnam. During the first or second week of February 1968 his position suffered from a mortar attack killing one Soldier and knocking the applicant unconscious. Additionally, the applicant has been awarded service-connected benefits from the Department of Veterans Affairs for injuries related to this enemy attack.
7. 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. The applicant's service record is void of any evidence that shows he was wounded or injured as a result of enemy action. Unfortunately, the letter he provided does not satisfy the requirement for award of the Purple Heart. 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.
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) AR20130015325
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130015325
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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