BOARD DATE: 6 January 2015
DOCKET NUMBER: AR20140008783
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 received a concussion and later experienced hearing loss as a result of a rocket exploding near him during the Vietnam War.
3. The applicant provides a self-authored statement and his DD Form 214 (Report of Separation from Active Duty).
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 enlisted in the Regular Army on 29 April 1971. After completing initial training, he was awarded military occupational specialty 67N (UH-1 Helicopter Repairman). He served in Vietnam from 26 March 1972 to 27 March 1973.
3. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) does not show he was placed into a "Patient" status at a medical treatment facility at any time during his period of service.
4. Item 40 (Wounds) of his DA Form 20 is blank.
5. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.
6. There is no evidence in the available record that shows he was awarded the Purple Heart. There is also no evidence that shows he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.
7. He was released from active duty on 26 April 1974. His DD Form 214 does not show award of the Purple Heart.
8. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between
1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
9. He provides a self-authored statement in which he essentially states:
* he has health issues resulting from his service in Vietnam
* among his health concerns are exposure to Agent Orange and post-traumatic stress disorder (PTSD); he is currently 50 percent disabled according to the Department of Veterans Affairs (VA)
* he has also been experiencing problems with his hearing
* as part of his final outprocessing physical he was given a hearing test; after a few tries the medical attendant gave him visual prompts so he could complete the test and leave the Army, but in reality he was having trouble hearing
* he has been unable to retrieve his medical records because they were apparently burned at the records facility
* his hearing problem began after he survived a rocket explosion in downtown Saigon; he had a concussion and bleeding from his ear
* the military police told him he was in an off-limits area; to avoid getting in trouble he left the area and did not report his injury
* his only treatment following his injury was taking aspirin for bad headaches and having his ear bandaged
* his hearing has only gotten worse over the years
* he has gone to the VA hospital for treatment and has hearing aids
10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart 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 been treated by medical personnel, and the medical treatment must have been made a matter of official records.
DISCUSSION AND CONCLUSIONS:
1. The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury or wound resulted from hostile action, required treatment by medical personnel, and that medical treatment must have been made a matter of official record.
2. There is no evidence in the available record and the applicant has not provided sufficient evidence that shows he sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action.
3. Although he provided a self-authored letter in which he indicated he was wounded, this letter is not supported by the evidence of record and therefore is insufficient evidence to support his request.
4. Absent evidence to the contrary, there is no basis to grant the award requested.
5. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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.
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