IN THE CASE OF:
BOARD DATE: 23 October 2014
DOCKET NUMBER: AR20140004788
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 correction of his records to show award of the Purple Heart.
2. The applicant states the award appears in his medical records but not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides:
* DD Form 214
* DA Form 2339 (Application for Voluntary Retirement)
* DD Form 363A (Certificate of Retirement)
* Copy of his United States Uniformed Services Identification Card for retirees
* Copy of a Department of Veterans Affairs (VA) card
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 Puerto Rico Army National Guard on 20 June 1948 and subsequently enlisted in the Regular Army on 21 June 1952.
3. His military occupational specialty was 11B (Light Weapons Infantryman). The inclusive dates of his service in Vietnam were 8 August 1968 to 5 August 1969.
4. On 31 October 1970, he retired from active duty at the rank of platoon sergeant/E-7. The DD Form 214 issued at that time does not show award of the Purple Heart.
5. 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.
6. The applicant provided a copy of a VA card which contains the statement, "Service connected Purple Heart."
7. 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 criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was sustained in action against an enemy or as a result of hostile action, that the injury/wound required treatment by medical personnel, and that the medical treatment was made a matter of official record.
2. There is no evidence in the available records that shows he was wounded as a result of hostile action in Vietnam. The copy of the VA card which contains the statement, Service connected Purple Heart, is insufficient evidence upon which to base award of the Purple Heart. The applicant provides no additional documents to corroborate entitlement to award of the Purple Heart.
3. Absent such evidence, there is no basis for granting the requested relief.
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 Board wants the applicant and all others concerned to know that 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.
_______ _ 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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