IN THE CASE OF:
BOARD DATE: 2 June 2015
DOCKET NUMBER: AR20140017692
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his award of the Purple Heart.
2. The applicant states, in effect, that he was awarded the Purple Heart for an injury to his right arm during a rocket attack in Ti Nang, South Vietnam. However, it is not reflected on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and two newspaper articles.
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 September 1968. He completed his basic training at Fort Campbell, Kentucky and his advanced individual training as a cannoneer at Fort Sill, Oklahoma and was transferred to Vietnam on 20 January 1969.
3. He was assigned to Battery A, 1st Battalion, 27th Artillery Regiment and was promoted to the rank of sergeant on 19 November 1969. He departed Vietnam on 18 January 1970 and was transferred back to Fort Sill.
4. On 4 June 1970, he was honorably released from active duty (REFRAD) due to seasonal employment. He had served 1 year and 9 months 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, and the Republic of Vietnam Campaign Medal.
5. A review of his official records failed to show any indication that the applicant was wounded and his records do not contain orders awarding him the Purple Heart. Additionally, his name is not contained on the Vietnam Casualty Listing.
6. One of the newspaper articles provided by the applicant with his application indicates that the applicant was promoted to sergeant and he received the Purple Heart. The source of the article is not present.
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. Award of the Purple Heart must be announced in orders.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was wounded/injured in Vietnam and that he was awarded the Purple Heart 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 evidence to show that he was wounded, that medical treatment was made a matter of official record, or that he was awarded the Purple Heart, 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) AR20140017692
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140017692
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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