IN THE CASE OF:
BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130018648
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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this medal.
2. The applicant states he received shrapnel wounds on his right hand. When he served he did not know the Purple Heart award was for wounds. The Purple Heart meant nothing to him until he became aware of Senator Kerrys two Purple Hearts. He was not near a hospital and he never worried about the small cut on his hand. It was not important to him until a Veterans of Foreign Wars member told him to apply for the award.
3. The applicant provides no documentary evidence.
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 31 October 1969, with prior service, the applicant enlisted in the Regular Army.
3. On 30 October 1972, he was honorably discharged from active duty due to his expiration term of service. His DD Form 214 does not show the Purple Heart.
4. His record is void of any documents stating he was wounded in action.
5. A review of the Vietnam casualty list did not reveal the applicant's name.
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 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. The applicants contentions are noted. However, there is no available medical or personnel evidence to support his contention.
2. In the absence of orders or documentary evidence showing he was wounded or injured as a result of hostile action, treated for such wounds, and the medical treatment was made a matter of official record, there is no basis for awarding him the Purple Heart and adding it to his DD Form 214.
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) AR20130018648
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130018648
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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