BOARD DATE: 23 April 2014
DOCKET NUMBER: AR20130016109
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, award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart.
2. The applicant states his records do not show he was wounded when he was in Vietnam and they need to be amended so he can apply for the Purple Heart.
3. The applicant provides:
* DD Form 214, dated 11 February 1970
* Report of Medical Examination, dated 11 February 1970
* Report of Medical History, dated 11 February 1970
* Symptoms, Diagnosis, Treatment, Treating Organization Sheet
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 10 July 1967. He completed training as a general vehicle repairman. He arrived in Vietnam on 24 November 1968.
3. He departed Vietnam en-route to the United States on 10 February 1970.
4. The applicant provides Symptoms, Diagnosis, Treatment, Treating Organization sheet, which shows that in February 1969, he was treated for a fragment wound to his left buttock. He also provides a Report of Medical History, dated 11 February1970, which shows that during his separation physical he informed medical personnel that he had a shrapnel wound to his left buttock.
5. The applicant was released from active duty on 11 February 1970, as an overseas returnee. He was transferred to the United States Army Reserve Control Group (Reinforcement).
6. There is nothing in the applicant's Army Military Human Resource Records (AMHRR) showing he was wounded as a result of hostile action by enemy forces while he was in Vietnam. There is no entry in item 40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) stating he was wounded in action while he was in Vietnam.
7. The applicant's name is not on the Vietnam Casualty Listing as a battle casualty.
8. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that 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 have been noted. His supporting evidence has been considered.
2. Although he provides evidence showing he was treated for a shrapnel wound to his buttock, there is no evidence in the available record, nor has the applicant provided any evidence showing he was wounded as a result of hostile action by enemy forces. His name is not shown on the Vietnam Casualty Listing as a battle casualty.
3. According to the applicable regulation, the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that 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. He has failed to meet this criterion for award of the Purple Heart.
4. In view of the foregoing, his request should be denied.
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) AR20130016109
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ABCMR Record of Proceedings (cont) AR20130016109
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