IN THE CASE OF:
BOARD DATE: 24 February 2015
DOCKET NUMBER: AR20140011138
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart.
2. The applicant states he was wounded in Vietnam on 10 May 1970; the base mortar attack should be noted on base after action or incident reports. When he was injured the medic did not have an officer to sign the Purple Heart write-up. He should not be denied due to someone failing to do their job.
3. The applicant provides no additional evidence.
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 5 February 1968 and he held military occupational specialty 45C (Field Artillery Repairman). He served in Vietnam from on or about 26 July 1969 to on or about 13 September 1970.
3. He was honorably released from active duty on 13 September 1970 and he was transferred to the U.S. Army Reserve. The DD Form 214 he was issued does not show the Purple Heart.
4. His record is void of orders for the Purple Heart. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank and item 41 (Awards and Decorations) does not show the Purple Heart.
5. A review of the Adjutant General's Casualty Division's Vietnam casualty listing failed to show his name as a casualty.
6. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant.
7. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify that a Soldier received a wound/injury as a result of hostile action, that the wound/injury required medical treatment by medical personnel, and that the medical treatment was made a matter of official record.
2. The evidence of record does not show and the applicant has not provided any evidence that shows he was wounded or injured as a result of enemy action and treated for those wounds. His name is not listed on the Vietnam casualty roster, his DA Form 20 does not indicate he received a combat-related wound, and his record is void of orders awarding him the Purple Heart.
3. Notwithstanding the applicant's sincerity, in the absence of the orders or documentation that conclusively shows he was wounded or injured as a result of enemy action, and treated for those wounds there is an insufficient evidentiary basis upon which to add this award to his DD Form 214 or establish his entitlement to the Purple Heart in this case.
4. Nevertheless, 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.
ABCMR Record of Proceedings (cont) AR20140011138
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140011138
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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