IN THE CASE OF:
BOARD DATE: 23 September 2014
DOCKET NUMBER: AR20140001412
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 correction of his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the award.
2. The applicant states he was injured while serving in the Republic of Vietnam. He sustained a combat injury in April 1971 while on a mission just south of the demilitarized zone. The motor officer was driving the jeep he was riding in when the accident occurred and he was injured.
3. The applicant provides a copy of a letter from the Department of Veterans Affairs, St. Louis, MO, dated 18 November 2013, which shows he was notified that the VA was still processing his application for compensation.
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 into the U.S. Army on 19 August 1969. He was awarded military occupational specialty 63C (Track Vehicle Mechanic).
3. His DA Form 20 (Enlisted Qualification Record) shows in
* item 31 (Foreign Service), he served in Vietnam from 22 August 1970 to 11 August 1971
* item 38 (Record of Assignments), he was assigned to the 335th Transportation Company from 2 September 1970 through 6 August 1971
* item 40 (Wounds) is blank (no entries)
* item 41 (Awards and Decorations) does not list the Purple Heart
4. On 11 August 1971, he was honorably released from active duty after completing 1 year, 11 months, and 17 days of net active service, including 11 months and 20 days of foreign service. His DD Form 214 does not show he was awarded the Purple Heart.
5. A review of his military personnel record failed to reveal any orders or other evidence that shows he was awarded the Purple Heart.
6. His name does not appear on the Vietnam casualty roster.
7. 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 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.
8. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to any member who was wounded or killed in action or as a result of enemy action.
a. A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.
b. In order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.
c. The regulation provides examples of injuries or wounds which clearly do not justify award of the Purple Heart and lists, in pertinent part, "Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action."
DISCUSSION AND CONCLUSIONS:
1. The applicant provides no military medical records that show he was injured as a result of enemy action. It is noted that he states he was injured when the jeep he was riding in was involved in an accident.
2. His available military service records do not show any evidence that he was wounded or injured in action as a result of a hostile act of the enemy and his name is not listed on the Vietnam casualty roster. Thus, the evidence of record does not support his claim.
3. In view of the foregoing, there is an insufficient evidentiary basis to grant the requested relief.
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) AR20140001412
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ABCMR Record of Proceedings (cont) AR20140001412
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