IN THE CASE OF:
BOARD DATE: 30 September 2014
DOCKET NUMBER: AR20140002832
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 during one of his tours in Vietnam he received shrapnel wounds to his right lower abdomen.
3. The applicant provides copies of two Bronze Star Medal citations, three Bronze Star Medal Certificates, and a General Discharge Certificate.
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 served on active duty in an enlisted status from 14 July 1959 through 13 July 1962, 11 January 1963 through 10 January 1966, 11 January 1966 through 14 February 1969, and as a commissioned officer from
15 February 1969 through 25 July 1972.
3. His DA Form 20 (Enlisted Qualification Record) shows
a. in item 31 (Foreign Service) service in:
* Korea from 11 December 1959 through 28 January 1961
* Germany from 16 July 1963 through 11 June 1966
* Vietnam from 1 December 1966 through 19 October 1967
b. in item 41 (Awards and Decorations) award of the:
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Combat Infantryman Badge
* Army Good Conduct Medal
* Republic of Vietnam Campaign Medal with Device (1960)
4. His DA Form 66 (Officer Qualification Record) shows
a. in item 18 (Record of Assignments):
* commissioned on 15 February 1969
b. in item 17 (Foreign Service) service in:
* Korea from 11 December 1959 through 28 January 1961
* Germany from 16 July 1963 through 11 June 1966
* Vietnam from 1 December 1966 through 19 October 1967
* Hawaii from 16 February 1969 through 17 March 1970
* Vietnam from 13 June 1970 through 3 April 1971
c. in item 21 (Awards and Decorations) award of the:
* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Army Good Conduct Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Air Medal
* Bronze Star Medal with "V" Device (3rd award)
* Expert Marksmanship Qualification Badge with Rifle Bar
5. The applicant's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.
6. A review of the Vietnam Casualty List failed to locate any reference to the applicant.
7. Neither of the Bronze Star Medal with "V" Device citations that the applicant submitted in support of his application indicates that he was wounded in action.
8. Army Regulation 600-8-22 (Military Awards), paragraph 2-8 provides that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
The record contains no documentation to support the applicant's contention that he received a wound or injury that was the result of hostile action. Without a record of treatment for a wound sustained as the result of enemy action entitlement to the Purple Heart cannot be established.
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) AR20140002832
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ABCMR Record of Proceedings (cont) AR20140002832
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