BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20130020538
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 addition of this award to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that he was wounded in Vietnam in June 1968 by an enemy artillery shell and spent about 30 days in various hospitals in Cam Ranh Bay and Da Nang before being returned to his unit. He goes on to state that he has been trying since that time to get his Purple Heart; however, his records were lost in Vietnam.
3. The applicant provides a witness statement, a copy of his DD Form 214, and copies of previous attempts to obtain his records and Purple Heart.
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 complete military records are not available for review. However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army on 6 January 1967 for a period of 3 years. He completed his training as a light weapons infantryman and served 11 months and 26 days in Vietnam.
4. He was stationed at Fort Jackson, South Carolina when he was promoted to the pay grade of E-6 on 16 December 1969.
5. On 5 January 1970, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS). He had served 3 years of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Combat Infantryman Badge, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Army Good Conduct Medal and his marksmanship badges.
6. A review of the available records failed to show any indication that the applicant was wounded or that treatment was made a matter of record. Additionally, a search of the Vietnam Casualty Listing failed to reveal the applicants name.
7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that 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 applicants claim that he was wounded in Vietnam is not in doubt, there is insufficient evidence to warrant the award of the Purple Heart at this time.
2. The Purple Heart is awarded for wounds/injuries sustained while in action against an enemy or as a result of hostile action and the medical treatment must have been made a matter of official record. However, in this case, sufficient evidence has not been presented to establish entitlement to the Purple Heart.
3. Therefore, in the absence of sufficient evidence, there appears to be 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 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 that 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) AR20130020538
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ABCMR Record of Proceedings (cont) AR20130020538
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