IN THE CASE OF:
BOARD DATE: 21 August 2014
DOCKET NUMBER: AR20140000594
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 he was wounded during enemy action but never received the Purple Heart. He always thought that the medics who treated him failed to turn in the request. Some of the other men said the medics were drunk.
3. He adds that his platoon sergeant came into the bunker and pulled him out of the water. As he regained consciousness he saw that the water he was in was blood red.
4. He asked the sergeant if he was injured and the sergeant replied that he was. The sergeant took out a handkerchief and placed it over the applicant's right eye. As it turned out a piece of shrapnel from a mortar hit him below the right eyebrow. He has tried to get in contact with the other Soldiers who were there that night but most have died.
5. The applicant also states he was able to get in contact with one man named TLT from Rocky Mount, NC. He talked to TLT shortly after TLT had surgery for prostate cancer. TLT told him he thought the medics who treated him were drunk and that he would write a statement for the applicant. He talked with TLT several times by phone then one night he received a call from TLT's wife who told him TLT had passed away.
6. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 enlisted in the Regular Army on 21 December 1967 for 3 years. He served in military occupational specialty 36K (Field Wireman).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 3 June 1968 to 16 August 1969. Item 40 (Wounds) of this form is blank.
4. On 11 October 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve. He completed 2 years and 9 months of total active service.
5. The applicants name does not appear on the Vietnam casualty roster showing he was wounded.
6. 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 United States Army Human Resources Command, failed to reveal any orders awarding him the Purple Heart.
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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. His request for award of the Purple Heart was carefully considered; however, it is not supported by the available evidence of record.
2. To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
3. Lacking any corroborating evidence of record such as official medical documentation, showing the applicant was treated for an injury that was the direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case. Additionally, the applicant's name does not appear on the Vietnam casualty roster.
4. In the absence of such evidence, there is an insufficient basis on which to grant the 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 applicant and all others concerned should know that this action in no way diminishes the sacrifices made by him in service to our Nation. 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) AR20140000594
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140000594
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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