BOARD DATE: 16 September 2014
DOCKET NUMBER: AR20140001796
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 issuance of a DD Form 215 (Correction to DD Form 214) correcting his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.
2. He states he was wounded in the left calf by grenade fragments from an enemy combatant on 13 September 1970 in Vietnam. He sought medical treatment and he was hospitalized for 13 days. The fragments were not removed. His wounding was properly documented. Due to his injuries, he was unable to attend an awards ceremony, and he was never presented the Purple Heart.
3. He provides his DD Form 214 and extracts from his service medical records.
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 17 March 1969, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman), and after a period of additional training he was awarded primary MOS 11F (Infantry Operations and Intelligence Specialist).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service) he was credited with service in Vietnam from 6 March to 31 December 1970
* item 40 (Wounds) no entry indicating he was wounded as a result of hostile action
* item 41 (Awards and Decorations) no entry for the Purple Heart
4. Special Orders Number 265 Extract, issued by Headquarters, 199th Infantry Brigade, dated 22 September 1970, show he was in a casualty status at the 93rd Evacuation Hospital.
5. On 2 January 1971, he was honorably released from active duty. His DD Form 214 does not show the Purple Heart.
6. His official military personnel file is void of documentation showing he was wounded as a result of enemy action.
7. Review of the Vietnam casualty listing compiled by The Adjutant General's Office, Casualty Division, does not show the applicant's name listed as a casualty.
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. His complete service medical records are not available for review. However, he provides extracts from his service medical records showing he was hospitalized in the 93rd Evacuation Hospital from 13 to 26 September 1970. He was diagnosed with a fragmentary wound to the left leg, the wound was cleaned in the emergency room, and sutures were removed 6 days later. He later complained of pain in the area, and it was noted that fragments had not been removed. None of the documents he provides show that he was wounded as a result of hostile action.
10. 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's request for award of the Purple Heart or for correction of his DD Form 214 to show this award.
2. The evidence of record clearly shows that the applicant was wounded during his service in Vietnam and that the wound required treatment by medical personnel. Unfortunately, there is no documentary evidence substantiating his statement that he was wounded by an enemy combatant.
3. In the absence of documentary evidence substantiating his statement that he was wounded by an enemy combatant, there is an insufficient basis upon which to award him the Purple Heart and correct his DD Form 214 to show 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) AR20140001796
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ABCMR Record of Proceedings (cont) AR20140001796
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