IN THE CASE OF:  	  

		BOARD DATE:  4 December 2014	  

		DOCKET NUMBER:  AR20140007620 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart.

2.  The applicant states that he feels he warrants a Purple Heart for an injury that occurred in the Republic of Vietnam (RVN) in 1967.  He felt at the time that others were more entitled to receive a Purple Heart, but now, he wants to have it to pass on to his family.

3.  The applicant provides a letter of support dated10 October 2013.

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 22 July 1966, the applicant was inducted into the Army of the United States.  He was trained as a light weapons infantryman.

3.  On 5 December 1966, he departed Fort Polk, LA for duty in the RVN.

4.  On 11 January 1967, the applicant was assigned for duty as a scout observer with Company D, 1st Battalion, 8th Cavalry Regiment.

5.  On 6 January 1968, he departed the RVN and returned to the United States.

6.  On 19 July 1968, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5 and had completed 1 year, 
11 months, and 28 days of total active service.

7.  The applicant's DD Form 214 indicates he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Air Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

8.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

	a.  in Item 38: (Record of Assignments): there is no entry indicating he was a patient;

	b.  in Item 40 (Wounds): there is no entry indicating he was wounded in action; and

	c.  in Item 41 (Awards and Decorations): the entries indicate the same awards as listed on his DD Form 214.

9.  The applicant’s name is not listed on the Vietnam Casualty Roster.

10.  The applicant’s service medical records were not available for review.

11.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders for the Purple Heart pertaining to the applicant.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.

12.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

13.  The letter of support, as provided by the applicant, was written by a retired first sergeant who claims to have served with the applicant in the RVN.  He states that while they were setting up camp for the evening they came under sniper fire and had to spread out for cover.  Friendly artillery fire was called in to hit the enemy.  During that time, the first sergeant heard one of the Soldiers cry out that he was hit with shrapnel.  He immediately recognized the applicant’s voice and could see him to his right behind a tree.  The applicant was calling for a medic, who was trying to go to his aid.  The applicant was yelling that he was hit in the groin area.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his military records should be corrected to show award of the Purple Heart based on an injury he sustained while setting up camp in the RVN.

2.  The Vietnam Casualty Roster does not contain the applicant's name.  The applicant's DA Form 20 does not indicate he received any wounds while in action or that he had been in a patient status at any time.

3.  The letter of support makes no mention of what, if any, medical care was given by the medic or at anytime later.

4.  In view of the above, the available evidence is insufficient to show that the applicant was wounded as a result of enemy action or that he received medical treatment for any such wounds.



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)                                         AR20110020295



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ABCMR Record of Proceedings (cont)                                         AR20140007620



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