IN THE CASE OF:
BOARD DATE: 4 November 2014
DOCKET NUMBER: AR20140005586
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 he:
* sustained a laceration to his right foot as the result of shrapnel from enemy action during an attack on the 571st Ordnance Company Compound in Vietnam, on 29 December 1970
* was informed he would receive the Purple Heart but it is not reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
3. The applicant provides a Chronological Record of Medical Care.
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 22 July 1968. His military occupational specialty was 63B (Wheeled Vehicle Mechanic).
3. The inclusive dates of his service in Vietnam were 20 June 1970 to 14 May 1971.
4. On 14 May 1971, he was released from active duty at the rank of specialist four/E-4. 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 the applicant.
6. The applicant provided a Chronological Record of Medical Care reflecting a laceration to the side of his foot for which he received medical treatment and care at the 85th Evacuation Hospital, in Vietnam, on 29 December 1970 and
31 December 1970; however, this record does not state the source of the laceration or reflect the injury was the result of hostile action.
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.
3. The applicant provided copy of the Chronological Record of Medical Care to support his contention he received a laceration to the foot in Vietnam, for which he received medical treatment that was made a matter of his official record. This document in itself is insufficient evidence upon which to base award of the Purple Heart as it does not corroborate the injury/wound was sustained in action against an enemy or as a result of hostile action.
4. There is no evidence of record and the applicant provides no additional documents to corroborate entitlement to award of the Purple Heart.
5. Absent such evidence, there is an insufficient evidentiary basis for granting the applicant's 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.
ABCMR Record of Proceedings (cont) AR20140005586
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ABCMR Record of Proceedings (cont) AR20140005586
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