IN THE CASE OF:
BOARD DATE: 17 July 2014
DOCKET NUMBER: AR20130019189
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 Combat Action Badge for service during Vietnam.
2. He states he was wounded in combat in March 1968 in Bien Hoa.
3. He provides no additional 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. The applicant was inducted into the Army of the United States on 9 May 1966.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service), he served in the Republic of Vietnam (RVN) from 11 April 1967 to on or about 10 April 1968;
b. item 38 (Record of Assignments), no entry showing he was in a patient status;
c. item 40 (Wounds), no entry; and
d. item 41 (Awards and Decorations), no entry for the Purple Heart or Combat Action Badge.
4. His service records do not include orders for award of the Purple Heart. His name is not listed on the Vietnam casualty roster.
5. He was honorably released from active duty on 8 April 1968 after completing 1 year and 10 months of active service. He was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.
6. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows award of the:
* National Defense Service Medal
* RVN Campaign Medal with Device (1960)
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
7. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
8. 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.
9. Army Regulation 600-8-22 states the requirements for award of the Combat Action Badge are branch and military occupational specialty immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge. Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized. Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was wounded in combat in March 1968 in Bien Hoa. However, his service records are void of evidence and he has not provided any evidence that shows he was wounded as a result of hostile action or treated for those wounds.
2. By regulation, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded in action, the wound required treatment by medical personnel, and the treatment was made a matter of official record.
3. In the absence of evidence that shows he was wounded or injured as a result of hostile action, there is an insufficient basis upon which to award the Purple Heart in this case.
4. Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized. The applicant served on active duty from 9 May 1966 through 8 April 1968. Therefore, he does not meet the minimum eligibility criteria for award of the Combat Action Badge.
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 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) AR20130019189
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ABCMR Record of Proceedings (cont) AR20130019189
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