IN THE CASE OF:
BOARD DATE: 28 May 2015
DOCKET NUMBER: AR20140017702
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 at the time he was hit by enemy shrapnel, the medic that bandaged his knee out in the jungle asked him if he wanted him to write him up for award of the Purple Heart and he said no. He was naive because he thought that if you got wounded you were not a good Soldier.
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 18 March 1969. He completed his basic training at Fort Bliss, Texas and his advanced individual training as an infantry indirect fire crewman at Fort Ord, California before being transferred to Vietnam on 17 August 1970.
3. He was initially assigned to Company D, 1st Battalion, 8th Infantry Regiment and on 27 March 1970, he was transferred to Company D, 2nd Battalion, 35th Infantry Regiment.
4. He departed Vietnam on 19 October 1970 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) as an overseas returnee. He had served 1 year, 7 months, and 2 days of active service. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, Army Commendation Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Combat Infantryman Badge.
5. 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.
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 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 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) AR20140017702
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ABCMR Record of Proceedings (cont) AR20140017702
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