IN THE CASE OF:
BOARD DATE: 13 May 2014
DOCKET NUMBER: AR20130015625
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 record to show award of the Purple Heart.
2. The applicant states he was injured in combat in the Republic of Vietnam and he still has pieces of metal in his body from his wounds. He was told he would receive the Purple Heart due to his injuries.
3. The applicant provides no additional evidence.
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 was inducted into the Army of the United States on 12 May 1966. He completed training and he was awarded military occupational specialty 12B (Combat Engineer). His record shows he served in the Republic of Vietnam for the period 20 August 1967 through 13 May 1968.
3. On 16 May 1968, he was honorably released from active duty. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he received does not show award of the Purple Heart.
4. The applicant's military records contain no medical records showing he was wounded in action or treated for a wound received as a result of enemy action. His military records also do not contain orders awarding him the Purple Heart.
5. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 40 (Wounds) no entry
* item 41 (Awards and Decorations) no entry for award of the Purple Heart
6. A review of The Adjutant General's Office Casualty Division's Vietnam Casualty Listing does not show the applicant's name as a casualty.
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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his record to show award of the Purple Heart was carefully considered and it was determined there is insufficient evidence to support his request.
2. The Purple Heart differs from all other decorations in that an individual is not "recommended" for this decoration; rather, the individual is entitled to it upon meeting specific criteria. Award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record.
3. The applicant's service in the Republic of Vietnam and his sincerity are not in question. However, his record contains no medical treatment records or other documents which confirm he was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the Republic of Vietnam. The regulatory burden of proof necessary to support award of the Purple Heart has not been met; therefore, it would not be appropriate to award the applicant 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) AR20130015625
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ABCMR Record of Proceedings (cont) AR20130015625
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