IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140010547
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 a Purple Heart.
2. The applicant states that during his tour with Special Forces in Vietnam he received a shrapnel wound to the chest and was not awarded a Purple Heart.
3. The applicant provides a two-page statement explaining his application, a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and two third-party witness statements.
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 18 July 1968 for a period of 3 years. He completed his basic training at Fort Campbell, Kentucky, his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana, his airborne training at Fort Benning, Georgia and his Special Forces training at Fort Bragg, North Carolina.
3. On 28 September 1969, he was transferred to Vietnam for assignment to the 5th Special Forces Group where he served until his departure from Vietnam on 1 March 1971 and transfer to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) as an overseas returnee. He had served
2 years, 7 months and 14 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, Bronze Star Medal, Vietnam Service Medal, Combat Infantryman Badge, and Parachutist Badge.
4. A review of the applicants official records failed to show any evidence indicating that the applicant was wounded as a result of enemy action. His separation physical examination also shows no indication of being wounded. Additionally, his name is not contained on the Vietnam Casualty Listing.
5. 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. While the sincerity of the applicants claim that he was wounded in action in Vietnam is not in doubt, he has failed to provide sufficient evidence to show when he was wounded, the date of treatment and that his treatment was made a matter of record.
2. Therefore, in the absence of sufficient evidence to show when he was wounded, the date of his treatment and evidence to show that the treatment was made a matter of record, 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) AR20140010547
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