IN THE CASE OF:
BOARD DATE: 7 May 2015
DOCKET NUMBER: AR20140016501
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 that he be awarded the Purple Heart.
2. The applicant states that he received shrapnel wounds to the chest in Vietnam in 1970 and was discharged prior to the award of the Purple Heart.
3. The applicant provides no additional documents with his 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 was inducted on 5 May 1969. He completed his basic training at Fort Bliss, Texas and his advanced individual training as a UH-1 Helicopter Repairman at Fort Rucker, Alabama before being transferred to Vietnam on 24 November 1969 for assignment to Headquarters and Headquarters Company, 1st Brigade, 1st Cavalry Division.
3. He departed Vietnam on 16 November 1970 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) as an overseas returnee. He had served 1 year, 6 months and 12 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, Vietnam Service Medal, Vietnam Campaign Medal, Aircraft Crewman Badge and Army Commendation Medal.
4. A review of his official records shows no evidence to indicate that the applicant was wounded in Vietnam or that treatment for any wounds was made a matter of record. His separation medical/physical examination shows no indication of his being wounded or treated for wounds. Additionally, 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.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was wounded in Vietnam is not in doubt, he has failed to show through the evidence of record or evidence submitted with his application, any evidence to support his contention.
2. Therefore, in the absence of evidence to show that he was wounded and that medical treatment was made a matter of official record, there appears to be no basis to grant his request at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20140016501
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ABCMR Record of Proceedings (cont) AR20140016501
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