IN THE CASE OF:
BOARD DATE: 9 June 2015
DOCKET NUMBER: AR20140018325
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart.
2. The applicant states in August 1967 he was injured when he was hit in the head (ambushed) while in Vietnam. He was taken to a hospital in Cam Ranh Bay for treatment; his platoon leader was killed.
3. The applicant provides his DD Form 214.
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 into the Army of the United States on 28 January 1966 and he held military occupational specialty 12B (Combat Engineer). He served in Vietnam from 3 November 1966 to 31 October 1967 while assigned to Company A, 35th Engineer Battalion.
3. He was honorably released from active duty on 3 November 1967 and he was transferred to the U.S. Army Reserve.
4. The DD Form 214 he was issued does not show award of the Purple Heart. His record is void of orders showing award of the Purple Heart.
5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank and item 41 (Awards and Decorations) does not show the Purple Heart.
6. There is no medical evidence in the applicant's available record that shows he was wounded as a result of hostile action during his active service.
7. Review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Purple Heart pertaining to the applicant.
8. Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing failed to show the applicant's name as a casualty.
9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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. The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify a Soldier received a wound/injury as a result of hostile action, the wound/injury required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. Notwithstanding the applicant's sincerity, his records are void of any evidence and he did not provide any documentary evidence that corroborates his statement that he was wounded or injured as a result of hostile action while serving in Vietnam. His name is not listed on the Vietnam casualty roster and his DA Form 20 does not indicate he received a combat-related wound. In the absence of the orders or documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, regrettably, there is an insufficient evidentiary basis upon which to correct his DD Form 214 to show the Purple Heart.
3. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_______ _ _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) AR20140018325
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ABCMR Record of Proceedings (cont) AR20140018325
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