IN THE CASE OF:
BOARD DATE: 12 November 2014
DOCKET NUMBER: AR20140005995
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart.
2. The applicant states this award was not reflected in his records. He was shot twice on two different occasions and he still has the scars. In effect, he believes his records contain an error because he was awarded the Purple Heart while he was serving in Vietnam by some General and it never made it to his records. He joined the Army National Guard in 1975.
3. The applicant provides no additional evidence.
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the Regular Army on 27 November 1964. He was awarded military occupational specialty 11B (light weapons infantryman).
3. His available records do not contain a DA Form 20 (Enlisted Qualification Record) and his dates of service in Vietnam. The records contain a DA Form 3082-R (Statement of Medical Condition), dated 30 April 1968, wherein he stated there had been no change in his medical condition.
4. He was released from active duty on 30 April 1968, at the expiration of his term of service, and was transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 lists in:
* Item 22c (Foreign and/or Sea Service) 1 year, 3 months, and 25 days and the entry, "Vietnam"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:
* Vietnam Service Medal
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars
* Item 30 (Remarks) no dates of service for Vietnam
5. There are no available orders authorizing or awarding him a Purple Heart during his period of service in Vietnam.
6. His complete medical records for his period of active duty are not available for review with this case.
7. His name is not listed on the Vietnam casualty roster.
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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Purple Heart pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Award) states the Purple Heart is awarded for a wound sustained as a result of enemy action. Substantiating evidence must be provided to verify that 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. There is no evidence of record and the applicant provided none to show he sustained a wound/injury as a result of enemy action, received treatment, and that treatment was made a matter of official record for award of the Purple Heart. Additionally, his complete medical records, which are necessary to confirm that treatment was required, are not available for review. His DA Form 20 is not available to show he was wounded. His name is also not listed on the Vietnam casualty roster.
2. By regulation, to be awarded the Purple Heart it is necessary to established that a Soldier was wounded or injured in action. There must be evidence confirming the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record.
3. Notwithstanding his contentions and his sincerity, in the absence of evidence, there is insufficient evidence upon which to base award of the Purple Heart. Therefore, he is not entitled to award of the Purple Heart and its addition to his DD Form 214.
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) AR20140005995
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140005995
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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