BOARD DATE: 11 December 2014
DOCKET NUMBER: AR20140006966
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 served with the 9th Infantry Division in the Republic of Vietnam (RVN). On 29 July 1967, his company was ambushed, two members of his squad were killed in action, and he received a bullet fragment/shrapnel wound in the left arm as a result of enemy fire.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 was inducted into the U.S. Army on 10 January 1966. He was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in
* item 31 (Foreign Service), he served in Vietnam from 1 December 1966 through 24 November 1967
* item 38 (Record of Assignments), Company C, 5th Battalion, 60th Infantry, 9th Infantry Division, from 1 December 1966 through 23 November 1967
* item 40 (Wounds) is blank (no entries)
* item 41 (Awards and Decorations) does not list the Purple Heart
4. A review of the Standard Form (SF) 89 (Report of Medical History) and SF 88 (Report of Medical Examination), prepared by the applicant and the examining physician to document the applicant's separation physical examination on
25 November 1967, failed to show any evidence of an injury or wound to the applicant's left arm.
5. The applicant's DD Form 214 shows he was honorably released from active duty on 25 November 1967. He had completed 1 year, 10 months, and 16 days of net active duty service this period that included 11 months and 24 days of foreign service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not list the Purple Heart.
6. A review of the applicant's military personnel record failed to reveal any orders or other evidence that shows he was awarded the Purple Heart.
7. A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster failed to reveal the applicant's name.
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. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. The Purple Heart is awarded to any member who was wounded or killed in action or as a result of enemy action.
a. A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.
b. In order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's claim to the Purple Heart was carefully considered.
a. The applicant provides no military medical records that show he was injured as a result of enemy action.
b. His available military service records do not show any evidence that he was wounded or injured in action as a result of a hostile act of the enemy.
c. The applicant's name is not listed on the Vietnam casualty roster.
d. There are no orders or any other evidence that shows he was awarded the Purple Heart.
e. Thus, the evidence of record does not support the applicant's claim.
2. Therefore, in view of the foregoing, there is an insufficient evidentiary basis to grant the applicant's request.
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) AR20140006922
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ABCMR Record of Proceedings (cont) AR20140006966
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