IN THE CASE OF:
BOARD DATE: 22 July 2014
DOCKET NUMBER: AR20130020669
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 that he be awarded the Purple Heart for injuries received during combat operations on 20 October 1970 in the Republic of Vietnam.
2. The applicant states that he did not receive the award of the Purple Heart and he has just recently learned that the error could be fixed.
3. The applicant provides copies of medical treatment records showing he was treated for a twisted left ankle on 20 October 1970.
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 in Portland, OR on 10 September 1969. He completed his basic training at Fort Lewis, WA and his advanced individual training as a light weapons infantryman and airborne training at Fort Benning, GA before being transferred to Vietnam on 11 June 1970 for assignment to Company G, 75th Ranger Regiment, 23rd Infantry Division.
3. He departed Vietnam on 3 May 1971 and was transferred to Fort Lewis, where he was honorably released from active duty (REFRAD) on 4 May 1971 as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). His DD Form 214 as amended shows the:
* National Defense Service Medal
* Army Commendation Medal
* Combat Infantryman Badge
* Parachutist Badge
* Army Good Conduct Medal
* Meritorious Unit Emblem
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
4. A review of his official records failed to show any evidence of the applicant being wounded or injured as a result of enemy action. Additionally, his name is not contained on the Vietnam Casualty listing.
5. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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, failed to reveal any orders for the Purple Heart pertaining to the applicant.
6. 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. Examples of injuries or wounds that clearly do not justify award of the Purple Heart include accidents, such as explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that his injury was caused by combat operations, the applicant has failed to show through the evidence submitted with his application and the evidence of record that such was the case.
2. Although unfortunate, injuries that occur as a result of accidents do not qualify for award of the Purple Heart, even if they are incurred in a war zone.
3. In the absence of evidence that shows his injuries were caused as a result of enemy action, there appears to be no basis to grant his request for award of the Purple Heart at this time.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20130020669
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