IN THE CASE OF:
BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140004174
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 a mortar attack on 26 March 1969.
3. The applicant provides two DA Forms 1594 (Daily Staff Journal or Duty Officer's Log).
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 15 November 1966.
3. He served as a construction machine operator in Vietnam from 5 April 1968 to 27 March 1969 assigned to Co C, 31st Engr.
4. His Standard Form 89 (Report of Medical History), dated 11 September 1969, shows item 33 (Have you ever had any illness or injury other those already noted?) is marked "No."
5. On 14 November 1969, he was honorably released from active duty. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart.
6. There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart. There is also nothing in the typical sources below that show he was wounded and/or injured as a result of hostile action.
a. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) does not show he was ever in a patient status.
b. Item 40 (Wounds) of his DA Form 20 does not show any wounds or injuries.
c. His name is not shown on the Vietnam casualty listing. This is a microfiche listing of Vietnam Era casualties that is used to verify entitlement to the Purple Heart.
d. 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 U.S. Army Human Resources Command failed to reveal any orders for the Purple Heart pertaining to him.
7. The applicant provided two DA Forms 1594, dated 23 and 26 March 1969. These forms show activities of the 31st Engineer Battalion at Ph??c Vinh, Vietnam. This document shows Co C reported 1 WIA, and again 10 casualties, on 26 March 1969, but do not show the applicant (or any names) was wounded or injured as a result of hostile action.
8. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 military medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The Purple Heart requires evidence to verify:
* the wound was the result of hostile action
* treatment of the wound by medical personnel
* documentation of the wound in official records
2. There is no evidence in the available records that shows he was wounded as a result of hostile action in Vietnam. Regrettably, the DA Forms 1594 are insufficient evidence to support award of the Purple Heart in this case.
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 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) AR20140004174
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ABCMR Record of Proceedings (cont) AR20140004174
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