IN THE CASE OF:
BOARD DATE: 23 October 2014
DOCKET NUMBER: AR20140004783
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 received two bullet and shrapnel wounds in
1967 while stationed in the Republic of Korea.
3. The applicant provides a letter from Department of Veterans Affairs (VA).
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 was inducted into the Army of the United States on 7 July 1966. His records show he completed basic combat and advanced individual training and was awarded the military occupational specialty 62E (Heavy Construction Equipment Operator). The highest rank/grade he attained while serving on active duty was specialist five/E-5.
3. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Korea from
19 November 1966 to 9 July 1968.
4. Item 38 (Record of Assignments) of his DA Form 20 does not show he was placed into a "Patient" status at a medical treatment facility at any time during his period of service.
5. Item 40 (Wounds) of the applicant's DA Form 20 is blank.
6. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.
7. There is no evidence in the available record showing he was awarded the Purple Heart.
8. His DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge/Report of Separation from Active Duty) do not show award of the Purple Heart.
9. There is no evidence in the available record showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.
10. The applicant provides a letter from the VA wherein a Veteran Service Officer with the State of Alabama VA identifies a Soldier who attests he stepped on a land mine that wounded the applicant.
11. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 the Purple Heart pertaining to the applicant.
12. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 been treated by medical personnel, and the medical treatment must have been made a matter of official records.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that he should be awarded the Purple Heart was carefully considered.
2. There is no evidence in the available record and the applicant has not provided sufficient evidence which shows he sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action.
3. Although the applicant provided a letter of support which indicated he was wounded, this letter is not supported by evidence of record and therefore is insufficient evidence to support his request.
4. Absent such evidence, there is no basis to grant the award requested.
5. This action 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 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) AR20140004783
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