IN THE CASE OF:
BOARD DATE: 22 January 2015
DOCKET NUMBER: AR20140010110
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 (PH).
2. The applicant states:
* he was on perimeter patrol at Dong Tam and fired at the enemy who were trying to cross the river
* he discovered the right side of his face was bleeding after the shooting stopped
* he was checked out at the field hospital and treated for an ear infection
* medical personnel discovered he had shrapnel in his right cheek and advised him it would work itself out
* the shrapnel has never been removed and he has a knot on his right cheek
* his military service treatment records will verify he was injured during combat, he had shrapnel in his right cheek as a result of enemy action, and he was treated at a military field hospital in Vietnam
* he is trying to get a tax reduction because he is 70-percent disabled and is paying 100 percent
* his helicopter was shot down on the return to base around 18 September 1968 while he was serving with Company B, 229th Aviation Battalion, 1st Cavalry Division
* he was medically evacuated to Chelsea Naval Hospital, MA
* he has never seen a report on this incident
* the helicopter was on fire and some crewmembers were killed
3. The applicant provides a self-authored statement.
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 21 March 1968.
3. He served in Vietnam during the period 23 August 1968 through 13 July 1969. While in Vietnam, he was assigned to:
* Company D, 4th Battalion, 39th Infantry Division, from 15 September 1968 to 7 January 1969
* 9th Administration Company, 9th Infantry Division, from 8 January 1969 to 7 July 1969
* Headquarters and Headquarters Company, 4th Battalion, 47th Infantry Regiment, 9th Infantry Division, from 8 July to 13 July 1969
4. On 20 March 1970, he was honorably released from active duty. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not list award of the PH.
5. There is no evidence in the typical sources below that show he was wounded and/or injured as a result of hostile action.
a. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) does not show he was ever in a patient status.
b. Item 40 (Wounds) of his DA Form 20 does not show any wounds or injuries.
c. His name is not shown on the Vietnam casualty listing of Vietnam era casualties used to verify entitlement to the PH.
6. The applicant provided a self-authored statement explaining events leading to his injury in Vietnam. He stated, in part, shrapnel was discovered in his right cheek after fire was exchanged with the enemy. He was treated by medical personnel in a field hospital who told him the shrapnel would work itself out; however, it has never been removed and he has a knot on his right cheek.
7. His records are void of and he failed to provide medical evidence showing he was injured as a result of hostile action while in Vietnam.
8. Army Regulation 600-8-22 (Military Awards) provides that the PH 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 required treatment by military medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. Award of the PH requires evidence to verify:
* the wound was the result of hostile action
* treatment of the wound by medical personnel
* documentation of the wound in official records
2. There is no evidence in the available records that show he was wounded as a result of hostile action. Regrettably, the statement he provided is insufficient evidence to support award of the PH in this case.
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) AR20140010110
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140010110
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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