IN THE CASE OF:
BOARD DATE: 21 May 2015
DOCKET NUMBER: AR20140017573
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 was injured in June 1968 in a helicopter crash and was not awarded the Purple Heart.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and copies of three photographs.
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 enlisted in the Regular Army on 13 October 1965 for a period of 3 years. He completed his training and was transferred to Fort Knox, Kentucky to attend Armor Officer Candidate School.
3. On 12 August 1966, he was honorably discharged in the pay grade of E-5 to accept a commission. He had served 10 months of active service.
4. On 13 August 1966, he was commissioned as a United States Army Reserve second lieutenant. He was promoted to the rank of first lieutenant on 13 August 1967.
5. He was transferred to Vietnam on 25 October 1967 for assignment to the Military Assistance Command Vietnam. He departed Vietnam on 1 September 1968 for assignment to Oakland Army Base, California where he was honorably released from active duty (REFRAD) due to the expiration of his active duty commitment. He had served 2 years, 10 months and 19 days of active service. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal and Vietnam Campaign Medal.
6. A review of his official records (minus health records) failed to show any evidence or entries indicating that he was wounded in Vietnam. Additionally, his name is not contained on the Vietnam Casualty Listing.
7. 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/injured in Vietnam is not in doubt, he has failed to show through the evidence of record or evidence submitted with his application, sufficient evidence to support his contention.
2. Therefore, in the absence of sufficient evidence to show that he was wounded as a result of enemy action and that medical treatment was made a matter of official record, there appears to be no basis for granting 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) AR20140017573
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140017573
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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