IN THE CASE OF:
BOARD DATE: 10 March 2015
DOCKET NUMBER: AR20140013058
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 for injuries he sustained in Vietnam.
2. He states his award of the Purple Heart was overlooked.
3. He submitted his Department of Veterans Affairs (VA) Rating Decision in support of this application.
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's records show he enlisted in the Regular Army on 31 July 1964. He was honorably discharged on 27 December 1965 for the purpose of immediate reenlistment. His DD Form 214 for the period ending 27 December 1965 does not show award of the Purple Heart.
3. He reenlisted in the Regular Army on 28 December 1965.
4. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service), he served in Vietnam from 29 March 1966 to 27 October 1967
* item 38 (Record of Assignments), he was assigned to
* Company A, 2nd Battalion, 16th Infantry Regiment, from 4 April to 25 December 1966
* Company A, 1st Aviation Battalion, 1st Infantry Division, from 26 December 1966 to 24 October 1967
* item 40 (Wounds), no entry for wounds received in action
* item 41 (Awards and Decorations), no entry for the Purple Heart
5. On 17 December 1968, he was honorably released from active duty. He completed 4 years, 4 months, and 17 days of total active service. His DD Form 214 for the period ending 17 September 1968 does not show award of the Purple Heart.
6. He submitted his VA Rating Decision, dated 3 April 2002, which shows he was seeking a service-connected disability rating for residuals of shrapnel due to sustaining small shell fragment wounds to his right arm and neck on 28 June 1966. The rating decision regarding service-connection for residuals of shrapnel was deferred.
7. The Vietnam casualty listing does not list the applicant as a casualty.
8. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.
9. There are no medical records in his official military personnel file that show he was wounded as a result of hostile action in Vietnam and treated for such wounds.
10. 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 applicant's request for award of the Purple Heart has been carefully considered.
2. There is no corroborating evidence of record showing he was injured or wounded as a result of enemy action, that the wound required medical treatment, and that the treatment was made a matter of official record. The applicant's name is not listed on the Vietnam casualty listing.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20140013058
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ABCMR Record of Proceedings (cont) AR20140013058
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