IN THE CASE OF:
BOARD DATE: 25 September 2014
DOCKET NUMBER: AR20140002736
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 would like a review of his military records to determine if he is eligible for award of the Purple Heart. His personal records were lost for 40 years and were found when a family member died. He served in the U.S. Army from 31 July 1969 through 2 February 1972. He served in Vietnam from August 1970 to May 1971 with the 1st Battalion, 327th Infantry, 101st Airborne.
3. The applicant provides no additional evidence.
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the Regular Army on 31 July 1969 and he served in military occupational specialty 05B (radio operator). He served in Vietnam from 15 August 1970 through 1 May 1971, during one campaign. He was assigned to Headquarters and Headquarters Company, 1st Battalion, 327th Infantry.
3. He was released from active duty on 18 February 1972. His DD Form 214 lists the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device 1960
4. There are no available orders authorizing or awarding him a Purple Heart during his period of service in Vietnam.
5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Records) does not show he was wounded in action while serving in Vietnam. Item 41 (Awards and Decorations) of this form lists all the awards shown on his DD Form 214 and one overseas service bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
6. His complete medical records for his period of active duty are not available for review with this case.
7. His name is not shown on the Vietnam casualty roster.
8. 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 U.S. Army Human Resources Command, failed to reveal any orders for award of the Purple Heart pertaining to the applicant.
9. On 15 June 2009, a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued deleting the Vietnam Service Medal and adding the following awards to his 1972 DD Form 214:
* Bronze Star Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
10. Army Regulation 600-8-22 (Military Award) states the Purple Heart is awarded for a wound sustained as a result of enemy 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. There is no evidence and the applicant provided none to show he sustained a wound/injury as a result of enemy action, received treatment, and that treatment was made a matter of official record for award of the Purple Heart. Additionally, his complete medical records, which are necessary to confirm that treatment was required, are not available for review. Item 41 of his DA Form 20 does not show he was wounded. His name is also not on the Vietnam casualty roster.
2. By regulation, to be awarded the Purple Heart it is necessary to established that a Soldier was wounded or injured in action. There must be evidence confirming the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record.
3. Notwithstanding his contentions and his sincerity, in the absence of evidence, there is insufficient evidence upon which to base award of the Purple Heart. Therefore, he is not entitled to award of 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) AR20140002736
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140002736
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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