IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20140015489
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 a replacement of the Purple Heart her deceased husband and former service member (FSM) was given when he was discharged in 1970.
2. The applicant states, in effect, that the FSM was wounded in the leg and she remembers seeing the Purple Heart as he had it when he was discharged.
3. The applicant provides a one-page letter explaining her application and copies of birth, marriage, and death certificates.
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 FSMs official records, though somewhat incomplete, show that he enlisted in the Regular Army on 30 January 1969 for a period of 2 years. He completed his training as a light weapons infantryman and was transferred to Vietnam on 25 June 1969 for assignment to Company D, 2nd Battalion, 18th Infantry Regiment, 1st Infantry Division.
3. He departed Vietnam on 24 June 1970 and was transferred to Fort Riley, Kansas where he remained until he was honorably released from active duty (REFRAD) on 29 January 1971. He had served 1 year, 11 months and 29 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Combat Infantryman Badge, Vietnam Campaign Medal, Vietnam Service Medal, Army Commendation Medal with V Device and his marksmanship badges.
4. A review of the available records shows no evidence of the applicant being wounded or being awarded the Purple Heart. Additionally, his separation medical/physical examination makes no mention of any injuries resulting from enemy action and his name is not contained on the Vietnam Casualty Listing.
5. Army Regulation 600-8-22 (Military Awards) states the Purple Heart 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 that 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. As with all personal decorations, announcement in orders are required.
6. Service medals and awards are not issued by the ABCMR. However, the applicant may obtain his medals by submitting his request in writing to: National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri 63138.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that the FSM was awarded the Purple Heart is not in doubt, the applicant has failed to show through the evidence of record and the evidence submitted with her application that the FSM was wounded/injured in Vietnam, that treatment for such injuries was made a matter of record, or that he was in fact awarded the Purple Heart.
2. Therefore, in the absence of such evidence there appears to be no basis to grant the applicants request.
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) AR20140015489
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ABCMR Record of Proceedings (cont) AR20140015489
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