BOARD DATE: 25 September 2014
DOCKET NUMBER: AR20140003547
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 he was shot in Vietnam but was never awarded the PH.
3. The applicant provides an Oakland County Veterans Services letter dated 18 February 2014.
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 20 March 1968. He was trained in and awarded military occupational specialty 13E (Field Artillery Operations and Intelligence Assistant).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 1 December 1968 to 28 November 1969. Item 40 (Wounds) contains no entries and the PH is not included among the list of awards shown in item 41 (Awards and Decorations).
4. His record does not contain an order or any other documents indicating he was ever recommended for or awarded the PH by proper authority. It does contain a Standard Form 513 (Clinical Record - Consultation Sheet) which shows he was referred to the orthopedic clinic for a consultation as the result of pain and tenderness he experienced from an earlier gunshot wound he sustained to his left knee in the RVN.
5. The applicants official military personnel file (OMPF) does not contain any documents to provide the facts and circumstances surrounding his gunshot wound; whether accidental, by enemy or friendly fire, or during combat or otherwise.
6. On 21 December 1970, the applicant was honorably released from active duty with 2 years, 9 months, and 2 days of creditable active duty service of which 11 months and 28 days was foreign service. The DD Form 214 issued him at that time shows he earned the following awards:
* Army Commendation Medal (ARCOM)
* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* RVN Campaign Medal with Device 1960
* 2 Overseas Service Bars
* Expert Marksmanship Qualification Badge
7. His OMPF does contain a carbon copy of a letter dated 12 June 1975, addressed to the applicant in response to his earlier request for the award of the ARCOM and PH. It shows he was informed that due to lack of official records stating he was treated by a medical officer for wounds or injuries received in action, there was no authority whereby he could be issued the PH.
8. 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.
9. 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:
There is no available evidence showing the applicant suffered a combat wound as a result of enemy action. Item 40 of the applicant's DA Form 20 is blank and his name is not included on the Vietnam Casualty Roster. In addition, the Standard Form 513 on file, while it proves he sustained a gunshot wound to his left knee in the RVN, contains no evidence showing he sustained this wounding in combat or that it was the result of hostile/enemy action. 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 the RVN there is an insufficient evidence to show he met the criteria for award of the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__x______ __x______ __x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
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 him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
________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) AR20130018186
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