IN THE CASE OF:
BOARD DATE: 26 March 2015
DOCKET NUMBER: AR20140013740
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, the widow of a deceased former service member (FSM), requests correction of the FSM's record to show that he was awarded a Purple Heart (PH) for a leg wound he received while in Vietnam.
2. The applicant states:
a. The FSM did not receive a PH for injuries he received during combat action in Vietnam in 1967.
b. The FSM was treated for a leg wound at the 1st Medical Company (Airmobile) on 12 October 1967 and later moved to the 67th Evacuation Hospital for additional treatment.
c. The FSM's wounds have continued to cause great discomfort throughout his life. Due to the tempo of the action and casualties during this time period, many Soldiers were missed and did not receive the medal that was due to them.
d. The FSM felt that he needed to take care of those more seriously wounded than he was and he did not think about the award that he knew he had earned. Not until later in life did he realize that it was of personal pride and importance that he was awarded the PH medal.
3. She provides:
* the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 3 September 1970
* Veterans Affairs (VA) Form 2507 (Compensation and Pension Exam Report), dated 10 February 2001
* partial DA Form 20 (Personnel Qualification Record)
* DA Form 8-275-3 (Clinical Record Cover Sheet), dated 14 October 1967
* DA Form 8-275-3, dated 23 October 1967
* SF 502 (Clinical Record - Narrative Summary), dated 13 October 1967
* Certificate of Death
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. On 6 August 1964, the FSM enlisted in the Regular Army. He completed initial training and was awarded military occupational specialty 94B (Food Service Specialist). He continued to serve until he retired on 31 December 1981.
3. The FSM's available DD Form 214's show he was awarded or authorized:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Army Good Conduct Medal (6th Award)
* Two Overseas Service Bars
* Army Service Ribbon
* Overseas Service Ribbon (3rd Award)
4. The FSM's DA Form 20 shows no entries in item 40 (Wounds).
5. The PH is not listed on any DD Forms 214 issued to him and his official military personnel file is void of documentation showing that orders were issued awarding him the PH.
6. A review of the Vietnam casualty listing compiled by The Adjutant General's Office, Casualty Division, does not show the applicant's name as a casualty.
7. The applicant provides a statement in her application in support of her request for the FSM to receive a PH, stating that he sustained a leg injury while in the RVN in October 1967. In addition, she provides medical documentation dated 13, 14, and 23 October 1967, which states the FSM was admitted to the hospital with an infected laceration to his right leg, with a possible crack fracture. However, there was no indication of how the wound was incurred or that it was due to combat action in Vietnam.
8. 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 Awards and Decorations Branch of the U.S. Army Human Resource Command, failed to reveal any orders for the PH pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards) states the PH 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 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:
In the absence of documentation verifying the FSM was wounded as the result of hostile action in Vietnam, that his wound required treatment by medical personnel, and that medical treatment of such a wound was made a matter of official record, there is an insufficient basis upon which to award him the Purple Heart.
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) AR20110019594
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ABCMR Record of Proceedings (cont) AR20140013740
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