BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130018271
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 that he be awarded the Purple Heart for wounds received in Vietnam in November 1966.
2. The applicant states in November 1966, he was hit in the right leg shin bone by a piece of metal from an incoming mortar round and was treated by a medic who said it was only a minor wound that would be OK in a couple of days. He also states that he informed the first sergeant who also told him not to worry about it. He continues by stating that at the time he was a young Soldier who believed everything the first sergeant told him and had no recourse to disagree.
3. The applicant provides a statement in support of his claim.
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 applicants records, though somewhat incomplete, show that he enlisted in the Regular Army in June 1963. He completed his training as a wheel vehicle repairman and was transferred to Germany where he served from September 1963 until March 1966.
3. He was transferred to Vietnam on 17 April 1966 and served there until 21 April 1967. He again served in Vietnam from 14 January 1968 to 12 January 1969.
4. On 6 March 1970, he was honorably discharged at Fort Hood, Texas due to the expiration of his term of service (ETS). He had served 6 years, 8 months and 16 days of active service and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time of his discharge shows that he was awarded the National Defense Service Medal, Vietnam Service Medal with one silver and two bronze service stars, Republic of Vietnam Campaign Medal, Good Conduct Medal and Mechanic Badge.
5. The applicant subsequently enlisted in the United States Army Reserve (USAR) and on 19 November 1996 he was transferred to the Retired Reserve in the rank of master sergeant.
6. A review of his official records failed to show any evidence of the applicant being wounded or injured as a result of enemy action or treatment being made a matter of record. Additionally, his name is not contained on the Vietnam Casualty Listing.
7. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments. 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 to verify 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. While the sincerity of the applicant's claim that he was wounded in Vietnam is not in doubt, he has failed to show through the evidence of record or evidence submitted with his application that such was the case.
2. Therefore, in the absence of evidence to show the applicant was wounded as a result of enemy action and treatment for such wounds were made a matter of record, there appears to be no basis to grant his request to award him the Purple Heart or to add that award to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ __X______ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20130018271
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ABCMR Record of Proceedings (cont) AR20130018271
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