BOARD DATE: 10 July 2014
DOCKET NUMBER: AR20130020180
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 a second bronze service star.
2. The applicant states he did not receive a Purple Heart and a second bronze service star. He states he was injured in his left arm from a poisoned bamboo stick while on patrol in Vietnam. He was taken by helicopter to a hospital where he spent 2 weeks. Several members of his unit were killed during that time and he did not think the medals were as important as getting back alive.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Honorable Discharge Certificate, and birth certificate.
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's DD Form 214 already reflects two bronze service stars to denote his campaign participation. Accordingly, this issue will not be discussed further in this Record of Proceedings.
3. The applicant was inducted into the Army of the United States on 12 July 1965. He completed basic training at Fort Leonard Wood, Missouri, and advanced individual training as an infantryman at Fort Ord, California, before being transferred to Vietnam on 4 February 1966 for assignment to Company A, 1st Battalion, 28th Infantry Regiment.
4. He participated in two campaigns and departed Vietnam on 1 February 1967 for assignment to Fort Carson, Colorado, where he remained until he was honorably released from active duty on 11 July 1967 due to the expiration of his term of service. He completed 2 years of active service and was awarded the Combat Infantryman Badge, Vietnam Service Medal, National Defense Service Medal, Silver Star, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, and a second bronze service star.
5. A review of his official records failed to show he was awarded the Purple Heart or that he was wounded as a result of enemy action and treatment was made a matter of record. Additionally, his name is not listed on the Vietnam casualty roster.
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. While the sincerity of the applicant's claim that he was wounded in Vietnam is not in doubt, he failed to show through the evidence of record and the evidence submitted with his application that such was the case.
2. In the absence of sufficient evidence to show he was wounded as a result of enemy action and that treatment was made a matter of record, there is no basis to award him the Purple Heart at this time.
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 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 him 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) AR20130020180
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ABCMR Record of Proceedings (cont) AR20130020180
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