IN THE CASE OF:
BOARD DATE: 20 November 2014
DOCKET NUMBER: AR20140005987
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 that in November 1967 he received shrapnel wounds while serving with Company C, 1st Battalion, 22nd Infantry, 4th Infantry Division, in the Republic of Vietnam (RVN). He was admitted to the 71st Evacuation Hospital and treated there for his wounds and malaria.
3. The applicant provides his DD Form 214 dated 7 February 1969 and his Department of Veterans Affairs (VA) Rating Decision dated 12 May 2011.
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. On 10 February 1967, he was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service) he was credited with service in Vietnam from 10 July 1967 to 4 July 1968
* item 40 (Wounds) no entry indicating he was wounded as a result of hostile action
* item 41 (Awards and Decorations) no entry for the Purple Heart
4. Prior to his release from active duty the applicant underwent a separation physical on 13 November 1968. His Standard Form 89 (Report of Medical History) shows that he reported a shrapnel wound to his left leg sustained on
2 November 1967. The examining physician's remarks contain entries showing that while assigned to the RVN the applicant sustained a fragment wound to his left leg in 1967 and he was treated for malaria in 1967 and 1968.
5. On 7 February 1969, he was honorably released from active duty. His DD Form 214 does not show the Purple Heart.
6. His official military personnel file is void of documentation showing he was wounded as a result of enemy action.
7. A review of the Vietnam casualty listing compiled by The Adjutant General's Office, Casualty Division, does not show the applicant's name listed as a casualty.
8. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
9. He provides his VA Rating Decision, dated 12 May 2011, which shows he was granted a 10-percent service connected disability rating for shrapnel wounds to his right lower extremity.
10. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's request for award of the Purple Heart.
2. The evidence of record shows the applicant sustained a fragment wound to his left leg during his service in the RVN and he provides his VA Rating Decision which shows he was granted a service-connected disability for a shrapnel wound to his right extremity. Despite the conflicting reports on the location of his wound, there is no documentary evidence to show he was wounded as a result of enemy action. As such, there is an insufficient basis upon which to award him the Purple Heart.
3. In view of the above, his request should be denied.
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 that 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) AR20140005987
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ABCMR Record of Proceedings (cont) AR20140005987
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