IN THE CASE OF:
BOARD DATE: 26 March 2015
DOCKET NUMBER: AR20140008102
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.
2. The applicant states he was shot in his left foot in Vietnam on 9 March 1968 and he did not receive credit for being wounded.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 August 1968, showing his last name as W____
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 August 1968, showing his last name as J____
* Standard Form 600 (Chronological Record of Medical Care), dated
7-9 March 1968
* Standard Form 600, dated 18-26 March 1968
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 Army of the United States on 6 September 1966 under the last name J____. He completed training and he was awarded military occupational specialty 76V (Materiel Storage and Handling Specialist).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to U.S. Army Pacific-Vietnam effective 8 January 1968.
4. Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to the 632d Heavy Equipment Maintenance Company, U.S. Army Pacific, from 14 January 1968 through 16 March 1968 as a supply handler. He was further assigned to the 553d Equipment Maintenance Company, U.S. Army Pacific, from 17 March 1968 through 28 August 1968 as a supply handler. On 29 August 1968, he departed Vietnam en route to the continental United States.
5. Item 40 (Wounds) of his DA Form 20 is blank.
6. Item 41 (Awards and Decorations) of his DA Form 20 does not show the Purple Heart as an authorized award.
7. He was honorably released from active duty on 29 August 1968. His DD Form 214 does not show the Purple Heart as an authorized award.
8. He provided Standard Forms 600 showing he was treated on 7 March 1968 for a laceration of his left second toe due to a .45 caliber round. His wound was cleaned, debrided, and sutured. He was placed in quarters for 48 hours and restricted to light duty for 10 days. He was again evaluated on 9 March 1968. The medical care provider stated he was shot in his left foot. His lesion was healing well and he was extended in quarters for another 48 hours. The entries, dated 18-26 March 1968, show his wound continued to heal well with no signs of infection. These forms do not state the circumstances under which he was wounded (i.e., hostile or enemy action).
9. His name is not listed on the Vietnam casualty roster.
10. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.
11. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20. This regulation further stated the date the wound or injury occurred would also be entered in item 40.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided chronological records of medical care showing he was treated on 7 March 1968 for a gunshot wound to his left second toe while he was serving in Vietnam. However, these records do not state the circumstances under which he was wounded (i.e., hostile or enemy action).
2. Award of the Purple Heart requires substantiating evidence to verify 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.
3. In the absence of documentation from the medical care provider indicating the applicant's gunshot wound was the result of hostile action, there is an insufficient evidentiary basis to award the applicant the Purple Heart.
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) AR20140008102
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140008102
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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