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BOARD DATE: 7 October 2014
DOCKET NUMBER: AR20140003402
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 (PH).
2. The applicant states:
a. he served in Vietnam in the Trung Luong Valley Battle in 1966;
b. he was exposed to combat situations while assigned to the 101st Airborne Division;
c. he was blown up by a mortar explosion and was granted 100 percent service connection by the Department of Veterans Affairs (VA); and
d. he sustained shrapnel wounds between his eyes and in his right buttocks in Vietnam in 1970.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of United States Report of Transfer or Discharge).
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's military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This applicant's DD Form 214 is the primary document used in this case.
3. The applicant's DD Form 214 shows:
a. He was inducted into the Army of the United States on 30 September 1965 and served until he was honorably discharged on 29 September 1967.
b. He completed two years of creditable active duty service of which 1 year and 3 days was foreign service.
c. The PH is not listed among the awards shown. He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman.)
4. His available record does not contain an order or any other documents indicating he was ever recommended for or awarded the PH by proper authority. Also, it does not contain any evidence showing he sustained a combat-related wound.
5. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam Casualty Roster. There is no entry pertaining to the applicant.
6. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH. It states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There is no available evidence showing the applicant suffered a combat wound as a result of enemy action. In addition, his name is not included on the Vietnam Casualty Roster. Absent evidence to corroborate he was wounded as a result of enemy action and that he was treated for those wounds by military medical personnel while serving in Vietnam the evidence he provides is insufficient to show he met the criteria for award of the Purple Heart.
2. The applicant and all others concerned should know that this action related to award of the PH in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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.
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ABCMR Record of Proceedings (cont) AR20140003402
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