IN THE CASE OF:
BOARD DATE: 12 June 2014
DOCKET NUMBER: AR20130018562
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, correction of his military records to show award of the Purple Heart for injuries received in the Republic of Vietnam (RVN).
2. The applicant states he was wounded on 4 April 1967 in the RVN. He was with the 41st Signal Battalion when he was shot in the left calf. He was treated at the aid station for a flesh wound and then returned to duty.
3. The applicant provides no additional documentation.
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. On 14 April 1964, the applicant enlisted in the Regular Army. He was trained for duty as a personnel clerk and then assigned to the 41st Signal Battalion located at Fort Lewis, WA.
3. The applicant departed with his unit for duty in the RVN where he performed duty as a personnel records specialist from 7 June 1965 to 18 April 1967.
4. On 19 April 1967, the applicant departed the RVN en-route to Okinawa.
5. On 28 April 1967, the applicant was released from active duty and transferred to the U.S. Army Reserve. He had completed 3 years and 15 days of creditable active duty service and had attained the rank of specialist five, pay grade E-5. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) indicates that his awards included:
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Good Conduct Medal (1st award)
* RVN Campaign Medal
6. The applicants name is not listed on the Vietnam Casualty Roster.
7. Item 40 (Wounds) of the applicants DA Form 20 (Enlisted Qualification Record) is blank.
8. The applicant's service medical records are not available for review.
9. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.
10. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his military records should be corrected to show award of the Purple Heart for a gunshot wound received in the RVN.
2. There are no available general orders announcing an award of the Purple Heart to the applicant. The applicant's name is not listed on the Vietnam Casualty Roster. Item 40 of his DA Form 20 does not show a record of any wounds received in action.
3. There is insufficient evidence upon which to base an award of the Purple Heart.
4. In view of the above, the applicant's 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) AR20130018562
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ABCMR Record of Proceedings (cont) AR20130018562
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