IN THE CASE OF:
BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130017356
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 (PH).
2. The applicant states:
a. he received an injury (otitis externa with right tympanic membrane perforation) that he believes meets the requirements for award of the PH;
b. his company officials and he failed to apply for this award;
c. he recently read an article which indicated a blood injury was not required for award of the PH; and
d. he had hearing problems but he was told to keep his mouth shut and deal with it.
3. The applicant provides:
* Department of Veterans Affairs (VA) letter dated 15 June 1992
* 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 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 U.S. Army Reserve (USAR) on 19 February 1966, for a period of 6 years. He completed active duty training from 3 March through 6 July 1967, and was awarded military occupational specialty 57E (Laundry and Bath Specialist).
3. On 13 May 1968, the applicant was ordered to active duty as a member of the USAR. His DA Form 20 (Enlisted Qualification Record) shows:
a. he served in the Republic of Vietnam (RVN) from on or about 1 October 1968 to on or about 5 August 1969 in item 38 (Record of Assignments);
b. a blank entry in item 40 (Wounds); and
c. no listing for the PH in item 41 (Awards and Decorations).
4. His record does not contain an order or any other documents indicating he was ever recommended for or awarded the PH by proper authority. Also, it does not contain any evidence showing he sustained a combat-related wound.
5. On 8 August 1969, the applicant was honorably released from active duty after completing 1 year, 2 months, and 26 days of creditable service, of which 10 months and 8 days was foreign service.
6. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam Casualty Roster. There is no entry pertaining to the applicant.
7. He provides a letter from the VA dated more than 23 years after his discharge, on 15 June 1992. It shows entitlement to an increased evaluation for service connected "otitis externa with right tympanic membrane perforation was not warranted as no residuals were found on the VA exam.
8. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH. It states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There is no available evidence showing the applicant suffered a combat wound as a result of enemy action. Item 40 of the applicant's DA Form 20 is blank and his name is not included on the Vietnam Casualty Roster. In addition, the evidence he provides contains no evidence showing the applicant was wounded in action and medically treated for any wounding. Absent evidence to corroborate he was wounded as a result of enemy action and that he was treated for those wounds by military medical personnel while serving in the RVN the evidence he provides is insufficient to show he met the criteria for award of the Purple Heart.
2. The applicant and all others concerned should know that this action related to award of the PH in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20130017356
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ABCMR Record of Proceedings (cont) AR20130017356
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