IN THE CASE OF:
BOARD DATE: 16 April 2015
DOCKET NUMBER: AR20140014315
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 (PH) as a result of injuries he received in the Republic of Vietnam (RVN) and any other awards he may be entitled to.
2. The applicant states, in effect, that his unit medic assisted him with his wound and that the medic was supposed to complete the paperwork for the PH, but never did. After he was reviewing his Official Military Personnel File with a counselor, he realized that the PH was missing.
3. The applicant does not provide any supporting documentation.
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 ABCMR to excuse an applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 19 March 1968, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 38 (Record of Assignments) - from 23 August 1968 through
10 August 1969 he was assigned to duty in the RVN with F Troop, 2nd Squadron, 11th Armored Calvary Regiment
* item 40 (Wounds) no entry
* item 41 (Awards and Decorations) no entry for the PH
4. On 18 March 1970, the applicant was honorably released from active duty and transferred to the United States Army Reserve. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows award of the:
* National Defense Service Medal
* Vietnam Service Medal with four Bronze Service Stars
* RVN Campaign Medal
* Combat Infantryman Badge
* Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
5. There are no general orders that show the applicant was awarded the PH. Evidence of record does not show the applicant was wounded as a result of hostile action or treated for such wounds. The applicant's name does not appear on the RVN Casualty Roster.
6. His service medical records are not available for review.
7. 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 Resources Command, failed to reveal orders awarding him the PH.
8. 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.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 11th Armored Cavalry was awarded the RVN Gallantry Cross with Palm Unit Citation from 1 May 1969 to
15 February 1970, by Department of the Army General Order Number 50, dated 1971.
DISCUSSION AND CONCLUSIONS:
1. The available evidence does not support correction of his DD Form 214 to show he was authorized a PH.
2. There is no official documentation showing he was wounded as a result of hostile action, that the wound required treatment by medical personnel, or that the medical treatment was made a matter of official record. Absent independent corroborating evidence, there is an insufficient basis for award of the PH.
3. The applicant served in Vietnam during a period for which his unit was awarded the RVN Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to show this award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_________ ________ _______ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the RVN Gallantry Cross with Palm Unit Citation.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the PH.
_______ _ 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) AR20120019420
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ABCMR Record of Proceedings (cont) AR20140014315
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