BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20140001710
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 wounds received in Vietnam.
2. The applicant states that his personnel records show the entry fragment wounds to back on 19 August 1969.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DA Form 20 (Enlisted Qualification Record).
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 on 20 June 1968. He completed basic training at Fort Benning, Georgia; advanced individual training as an infantryman at Fort McClellan, Alabama; and the Noncommissioned Officer Candidate Course, Ranger Course, and Airborne training at Fort Benning. He was transferred to Vietnam on 26 July 1969 for assignment to Company G, 75th Ranger Regiment.
3. On 1 September 1969, he was transferred to Company B, 123rd Aviation Battalion and on 16 February 1970, he was transferred to Company B, 4th Battalion, 21st Infantry Regiment.
4. He departed Vietnam on 11 June 1970 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) as an overseas returnee on that date. He had served 1 year, 11 months, and 22 days of active service. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Combat Infantryman Badge, Parachutist Badge, Vietnam Service Medal, and Republic of Vietnam Campaign Medal.
5. On 9 May 2011, in response to the applicants request for award of the Purple Heart and all other medals he was authorized, the U.S. Army Human Resources Command (HRC) responded to the applicants request and denied his request for award of the Purple Heart due to there being no evidence reflecting that medical treatment was made a matter of record. HRC issued the applicant a DD Form 215 (Correction the DD Form 214) adding awards of the Bronze Star Medal, three bronze service stars for his Vietnam Service Medal, Meritorious Unit Commendation, Ranger Tab, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.
6. Item 40 (Wounds) of his DA Form 20 contains the entry FW Back 19 Aug 69.
7. The applicants medical records were not available for review by the Board; however, his records do contain a copy of his separation medical examination which makes no mention of the applicant being wounded or treated for wounds. Additionally, there is no entry on the Vietnam Casualty Listing.
8. 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 and should have been awarded the Purple Heart is not in doubt, the applicant has failed to show through sufficient evidence submitted with his application and the evidence of record that he was treated for such wounds. Unfortunately, the entry on his DA Form 20 is not corroborated by any other evidence.
2. Therefore, in the absence of corroborating evidence it does not appear that he meets the criteria for award of the Purple Heart.
3. Accordingly, 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) AR20140001710
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ABCMR Record of Proceedings (cont) AR20140001710
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