BOARD DATE: 25 September 2014
DOCKET NUMBER: AR20140002192
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. The applicant states he was wounded in action in Vietnam but his treatment was not made a matter of record.
3. The applicant provides a letter from his platoon leader.
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 26 August 1968 and held military occupational specialty 11B (Light Weapons Infantryman). The highest rank/grade he attained while serving on active duty was specialist four/E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 11 January 1969 to 10 January 1970 and served with Company C, 2nd Battalion (Mechanized), 2nd Infantry Regiment, 1st Infantry Division from 18 January 1969 to 7 January 1970.
4. He was honorably released from active duty on 5 June 1970.
5. There is nothing in the typical source documents that confirms he was wounded in action and/or treated for a combat injury/wound:
* Item 38 (Record of Assignments) of his DA Form 20 does not show he was in a patient status
* Item 40 (Wounds) of his DA Form 20 does not reflect a combat wound or injury
* Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded the Purple Heart
* his records do not contain general orders awarding the Purple Heart
* his name is not shown on the Vietnam casualty roster
* 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 and maintained by the U.S. Army Human Resources Command Military Awards Branch failed to reveal Purple Heart orders
* his official records do not contain a Department of the Army message or a Western Union telegram documenting an injury or wound
* there are no military medical records which note any combat injuries or wounds
6. He provided a letter from his former platoon leader in Vietnam, dated
21 January 2014. His platoon leader painted a very vivid and detailed picture of an engagement with enemy forces. His platoon leader stated the applicant received an injury on his chest that resulted from a grenade exploding in front of a vehicle he was driving. The platoon leader, upon noticing the applicants chest was bleeding, directed him to the medic to receive medical treatment for his wounds.
7. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against and 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 criteria for award of the Purple Heart is clear, in that the wound for which the award is made must have been sustained as a result of hostile action, the wound must have required treatment by medical personnel, and record of the medical treatment for the wound or injury sustained in action must have been made a matter of official record.
2. The applicant's records did not contain and he did not provided any medical records to show he suffered a combat wound or injury or that he was treated for a combat wound or injury. Additionally, there is no reference in his available service records to a combat injury or wound or treatment for such injury or wound. Unfortunately, the letter he provided was insufficient evidence in and of itself to justify award of the Purple Heart.
3. The sincerity of the applicant's request is not in question. However, based on the available record there is an insufficient evidentiary basis for awarding him the Purple Heart.
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) AR20140002192
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ABCMR Record of Proceedings (cont) AR20140002192
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