IN THE CASE OF:
BOARD DATE: 12 June 2014
DOCKET NUMBER: AR20130016613
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.
2. The applicant states he was wounded while serving between Khe Sanh, Vietnam and the Laotian border. This happened sometime in June or July 1971. He was treated at a rear echelon aid station.
3. The applicant provides no additional supporting documents.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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 19 February 1970. He completed training in military occupational specialty (MOS) 11E as an armor crewman.
3. He served in Vietnam from 9 September 1970 to 8 September 1971. There is no DA Form 20 (Enlisted Qualification Record) available for this period of service and no medical records are available.
4. On 2 March 1973, the applicant was honorably released from active duty due to the expiration of his term of service. He was transferred to the U.S. Army Reserve in pay grade E-4. His DD Form 214 lists his authorized awards as the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with bronze service star, Combat Infantryman Badge, Army Commendation Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
5. 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. Unfortunately there is no available evidence and the applicant did not provide any evidence to show he was treated for a wound sustained while in action against an enemy or as the result of enemy action.
2. The applicant has submitted neither probative evidence nor a convincing argument in support of the request. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's request.
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) AR20130016613
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ABCMR Record of Proceedings (cont) AR20130016613
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