IN THE CASE OF:
BOARD DATE: 24 March 2015
DOCKET NUMBER: AR20140014014
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 and correction of his record to show exposure to Agent Orange.
2. The applicant states he was hit by shrapnel in the right leg and knocked unconscious from a mortar round in Da Nang, Vietnam in 1966. His battle buddy was killed in the attack and he suffers major depression from the incident.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for Board review.
3. The applicant served on active duty from 8 February 1966 through 27 September 1968 in the military occupational specialty 63A (Wheeled Vehicle Repairman).
4. His DA Form 20 (Enlisted Qualification Record) shows
* two periods of absence without leave (AWOL) from 29 April 1966 to 17 May 1966 and from 31 July 1966 to 19 October 1966
* two periods of confinement from 31 May 1966 to 18 July 1966 and 20 October 1966 to 31 January 1967
* service in Vietnam from 15 April 1967 through 31 August 1967
* he was a patient at Camp Zama, Japan from 1 September 1967 through 16 October 1967
* service in Okinawa from 17 October 1967 through 15 October 1968
* block 40 (wounds) is blank
* block 26 (Decorations and Awards) does not list the Purple Heart
5. His DD Form 214 does not list the Purple Heart as an authorized award.
6. A review of the Vietnam Casualty List failed to locate any reference to the applicant.
7. Army Regulation 600-8-22 (Military Awards), paragraph 2-8 provides that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. While the DA Form 20 shows the applicant was hospitalized between his periods in Vietnam and Okinawa, there is no evidence to show the reason for this hospitalization.
2. There are no available medical records to show that the applicant was treated for wounds received while in action against the enemy or as the result of enemy action. Block 40 on his DA Form 20 is blank and the Purple Heart is not listed in Block 41. His name was not found on the Vietnam Casualty list.
3. Without verifiable evidence that the applicant received wound(s) as the result of hostile action, was treated by a medical officer, and the medical treatment was made a matter of official record entitlement to award of the Purple Heart cannot be established.
4. There is no available evidence that the applicant was exposed to Agent Orange.
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) AR20140014014
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ABCMR Record of Proceedings (cont) AR20140014014
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