IN THE CASE OF:
BOARD DATE: 13 May 2014
DOCKET NUMBER: AR20130016962
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 never recognized or issued a Purple Heart for a combat injury he sustained during his service in the Republic of Vietnam
* through the wisdom of age, he now knows he is entitled to the Purple Heart, since he was in combat when his injury occurred
* his son is now serving in the military and he would like his legacy to be recognized
* he injured his back building a protective shelter for his dog on a forward fire base in the Republic of Vietnam - he served as a dog handler
* he was medically evacuated to the 1st Field Evacuation Hospital at An Khe
* an officer came by to pin the Purple Heart on him; however, he refused it since he had not been shot
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 29 August 1966, the applicant enlisted in the Regular Army. He completed his initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman). The highest rank/grade he attained during his period of active military service was specialist four (SP4)/E-4.
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 9 June 1967 through on or about 6 January 1969. During this period of service, he was assigned to the 25th Infantry Platoon (Scout Dog), a subordinate unit of Headquarters, 1st Cavalry Division (Airmobile).
4. On 6 September 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 for this period does not show he was awarded the Purple Heart.
5. His medical record is not available for review. His available personnel record does not contain orders for the Purple Heart, nor does it contain any documentation indicating he was treated for wounds or injuries he sustained during his service in the Republic of Vietnam. His name does not appear on the Vietnam casualty roster.
6. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided that verifies the wound resulted from hostile action, required treatment by medical personnel, and that treatment was made a matter of official record (emphasis added).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the Purple Heart; however, neither his available record nor the Vietnam casualty roster provide any evidence that shows he was wounded during his period of service in the Republic of Vietnam. Additionally, there is no evidence he received any wounds as a result of hostile action that required treatment by medical personnel, or that the resulting medical treatment was made a matter of official record.
2. Regrettably, absent official documentation of his wounds and treatment there is an insufficient evidentiary basis for granting his requested relief at this time.
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) AR20100015543
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ABCMR Record of Proceedings (cont) AR20130016962
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