IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140010244
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 that on 21 May 1967, he was assigned to a reinforcement group on National Route 1 and encountered an ambush. He goes on to state that he was hit by shrapnel in the lip which resulted in permanent damage to his upper lip and shrapnel is still in his mouth. He goes on to state that he was taken to Xaun Loc aid station where he was treated by a medic and then returned to the ambush site without any paperwork being done for his injury. He continues by stating that when he returned to the United states he tried several times to get papers on his injury with no success.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), an X-ray of his mouth, an after action report of the 21 May 1967 ambush and orders showing his graduation from the Recondo School.
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 on 8 September 1965. He completed his basic training at Fort Polk, Louisiana and his advanced individual training as an armor intelligence specialist at Fort Knox, Kentucky. He was initially transferred to Fort Hood, Texas on 24 January 1966 and on 6 May 1966, he was transferred to Fort Meade, Maryland for assignment to the 11th Armored Cavalry Regiment.
3. On 14 August 1966, he was transferred to Vietnam with his unit. He was promoted to the pay grade of E-5 on 8 July 1967.
4. On 15 August 1967, he departed Vietnam and was transferred to Oakland Army Base, California where he was honorably released from active duty on 16 August 1967 as an overseas returnee. He had served 1 year, 11 months and 9 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal and Combat Infantryman Badge.
5. A review of the after action report provided by the applicant failed to reveal any evidence to suggest that the applicant was wounded or treated for any wounds. Additionally, there is no evidence in the available records to show he was wounded or treated for any wounds and his name is not contained on the Vietnam Casualty Listing.
6. 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 applicants contention that he should be awarded the Purple Heart for wounds received in action in Vietnam has been noted and appears to lack merit.
2. The applicant has failed to show through the evidence submitted and the evidence of record does not show that he was wounded in action against the enemy, that he was treated for such wounds and that the treatment was made a matter or record.
3. Therefore, in the absence of 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) AR20140010244
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ABCMR Record of Proceedings (cont) AR20140010244
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