IN THE CASE OF:
BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20140017618
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, in effect, that he was injured by a piece of shrapnel that went through his left arm above the elbow and was treated at a hospital and returned to duty the next day. He goes on to state that he was told that he would receive a Purple Heart but never did and because of his post-traumatic stress disorder he did not care about it at the time. However, his children want him to get the medal.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and two photographs of the scars of his wound.
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 27 August 1968 for a period of 4 years and assignment to the Army Security Agency. He completed his basic training at Fort Jackson, South Carolina and his advanced individual training as a radio teletype operator at Fort Gordon, Georgia.
3. He was transferred to Vietnam on 3 May 1969 and was assigned initially to the 371st Radio Relay Company and then to the 335th Radio Relay Company.
4. He departed Vietnam on 2 December 1970 for assignment to Fort Bragg, North Carolina where he remained until he was honorably discharged on
11 May 1971 due to hardship. He had served 2 years, 8 months, and 15 days of active service and his DD Form 214 issued at the time of his discharge shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, and Air Medal.
5. A review of his official records failed to show any evidence of the applicant being wounded or being treated for any wounds. Additionally, his name is not contained on the Vietnam Casualty Roster.
6. 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 injured in combat in Vietnam is not in doubt, he has failed to provide sufficient evidence to show that his injury was the result of enemy action, that it required treatment by medical personnel, and that the treatment was made a matter of official record.
2. While it is understood that it is difficult at best to provide such evidence 40+ years after the fact, the fact that his records contain no reference to his being wounded or treated for wounds makes it even more difficult.
3. However, the regulatory requirements for award of the Purple Heart are very specific and are applied to every Soldier who is awarded the Purple Heart.
4. Therefore, in the absence of such evidence, there appears to be no basis to award him the Purple Heart 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) AR20140017618
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ABCMR Record of Proceedings (cont) AR20140017618
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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