IN THE CASE OF:
BOARD DATE: 11 December 2014
DOCKET NUMBER: AR20140006715
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 (PH).
2. The applicant states he was injured by an explosion in a combat zone and he is entitled to award of the PH.
3. The applicant provides:
* two Standard Forms 513 (Consultation Sheet)
* Department of Veterans Affairs (VA) Rating Decision extract
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. After having prior honorable service in the Puerto Rico Army National Guard, the applicant enlisted in the Regular Army on 20 June 1952.
3. He served in Vietnam during the periods 15 January 1963 through 15 May 1963 and 16 August 1967 through 7 August 1968.
4. On 30 June 1971, he retired. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not list award of the PH.
5. There is no evidence 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 of Vietnam era casualties used to verify entitlement to the PH.
6. The applicant provided two Standard Forms 513 that show:
* on 22 April 1968, a small pinpoint foreign body was removed from his right cornea
* on 29 April 1968, a foreign body was still embedded in his cornea
7. He also provided an extract of his VA Rating Decision, dated 29 May 2009, that shows he received a 10-percent disability rating due to a left eye injury.
8. Army Regulation 600-8-22 (Military Awards) provides that the PH 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. Award of the PH requires evidence to verify:
* the wound was the result of hostile action
* treatment of the wound by medical personnel
* documentation of the wound in official records
2. There is no evidence in the available records that show he was wounded as a result of hostile action. Regrettably, the Standard Forms 513 and VA rating decision are insufficient evidence to support award of the PH in this case.
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) AR20140006715
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140006715
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