IN THE CASE OF:
BOARD DATE: 22 July 2014
DOCKET NUMBER: AR20130021704
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.
2. He states:
a. He stepped on a "bouncing Betty" land mine while on patrol. A staff sergeant walked him through getting off of the mine. He was instructed to rock back and forth, push back as far as he could, and fall backwards. He was hit with shrapnel from the explosion from knee to ankle on both legs. He went to the dispensary, where shrapnel was removed and he was sewn up. He was in the dispensary for 2 weeks and assigned to bed rest for another 2 weeks. Within a week of his release from the dispensary, it was blown up.
b. He was also ambushed, and out of 24 Soldiers only six were left. The staff sergeant was killed in the ambush along with 17 privates. He and five comrades survived the ambush and were taken prisoner. He was a prisoner for 3 days. They were kept in bamboo cages and beaten with bamboo and steel rods in an attempt to obtain information from them. Three of the six were taken away, and he never saw them again. A Marine Corps patrol happened to come by, and the remaining Soldiers were rescued. When he returned, he went to the dispensary to be checked for broken bones and other injuries.
c. He believes he is eligible for the Purple Heart due to his acts of bravery while in Vietnam.
3. He provides:
* Honorable Discharge Certification
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Honorable Discharge 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. On 24 January 1966, the applicant enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty 22K (Hawk Missile-Launcher Repairman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 38 (Record of Assignments) he was assigned to duty in Vietnam with Headquarters and Headquarters Battery, 6th Battalion, 71st Artillery from 8 July 1967 to 26 August 1968
* item 40 (Wounds) no entries showing he was wounded
* item 41 (Awards and Decorations) no entry for the Purple Heart
4. On 29 August 1968, he was honorably released from active duty. His DD Form 214 does not show the Purple Heart.
5. His Official Military Personnel File (OMPF) does not contain any documentation indicating he was wounded in action, captured by the enemy, or wounded while he was a prisoner of the enemy.
6. His service medical records are not available for review.
7. His name is not listed as a casualty on the Vietnam casualty listing compiled by The Adjutant General's Office, Casualty Division.
8. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
9. 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 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. Award of the Purple Heart is announced in orders.
DISCUSSION AND CONCLUSIONS:
The evidence of record does not show the applicant was wounded during his service in Vietnam, and he has not provided documentary evidence substantiating his claim that he was wounded. In the absence of such evidence, there is no basis for awarding him the Purple Heart or for correcting his record to show he received this award.
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) AR20130021704
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130021704
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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