IN THE CASE OF:
BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140006969
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 that he be awarded the Purple Heart.
2. The applicant states he was wounded in the right hand by shrapnel in a firefight in Vietnam on 4 April 1967 and was treated by medical personnel at the base camp. He received a tetanus shot which is reflected on his service records. He turned down award of the Purple Heart at the time of the incident because of the traumatic event of losing his team leader; however, he now wishes he had not turned it down.
3. The applicant provides copies of his medical treatment records and 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. He enlisted in the Regular Army on 23 June 1966 for a period of 3 years and training as an infantryman. He completed his basic training at Fort Polk, Louisiana and his advanced individual training at Fort Gordon, Georgia before being transferred to Vietnam on 30 November 1966 for assignment to Company A, 1st Battalion, 5th Infantry Regiment.
3. He departed Vietnam on 28 November 1967 and was transferred to Fort Carson, Colorado for assignment Company C, 1st Battalion, 61st Infantry Regiment.
4. On 25 July 1968, he was transferred back to Vietnam with his unit and served there until 11 June 1969 when he was transferred to Fort Lewis, Washington and was honorably released from active duty as an overseas returnee on 15 June 1969. He had served 2 years, 11 months, and 23 days of active duty and his
DD Form 214 issued at the time shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, and Army Commendation Medal.
5. A review of his official records failed to reveal any evidence of the applicant being wounded as a result of enemy action and treatment being made a matter of record. Additionally, his name is not contained on the Vietnam Casualty Listing.
6. The medical records he provides shows he received a tetanus shot in April 1967. However, it also shows he received a tetanus shot in June 1966 and in August 1966. His chronological record of medical care does not show he received treatment in April 1967. His separation Standard Form 89 (Report of Medical History) does not show he received any illness or injury.
7. 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 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. The evidence submitted with his application and the evidence of record fails to show treatment for his injuries was made a matter of record.
2. While the applicant has provided copies of his medical treatment records in support of his request, they do not contain evidence of injuries as a result of enemy action and are not sufficient to overcome the lack of any supporting evidence in the available records.
3. Therefore, absent such evidence, there appears to be no basis to award him the Purple Heart at this time.
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 the United States during the Vietnam War. 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) AR20140006969
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ABCMR Record of Proceedings (cont) AR20140006969
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