IN THE CASE OF:
BOARD DATE: 8 September 2015
DOCKET NUMBER: AR20140020182
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 award of the Purple Heart (PH).
2. The applicant states he was wounded in combat; however, he never received the PH.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 25 May 1965. On 7 September 1966, he was honorably discharged for the purpose of immediate reenlistment. He reenlisted on 8 September 1966.
3. His DA Forms 20 (Enlisted Qualification Record), dated 29 April 1969 and 25 April 1970, show he served two tours in the Republic of Vietnam from 24 April 1968 through 9 July 1968 and from 1 May 1969 to 25 April 1970. Item 40 (Wounds) of his DA Forms 20 contains no entries and the PH is not included among the list of awards shown in item 41 (Awards and Decorations).
4. His records do not contain orders or any other documents indicating he was ever awarded the PH.
5. On 28 April 1970, the applicant was honorably released from active duty. He completed 3 years, 7 months, and 21 days of creditable active duty service during this period of which 11 months and 26 days were foreign service.
6. The applicant's name is not shown on the Department of the Army Vietnam Casualty Roster.
7. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the PH pertaining to the applicant.
8. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20. This regulation further stated the date the wound or injury occurred would also be placed in item 40.
9. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH. It states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by a medical officer, and a record of this medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. Notwithstanding the applicant's contentions, there is no evidence showing he suffered a combat wound as a result of enemy action.
2. By regulation, to be awarded the PH it is necessary to establish that a Soldier was wounded or injured in action. There must be evidence confirming the wound for which the award is being made was received as a direct result of or was caused by enemy action and the wound was treated by medical personnel. A record of this treatment must have been made a matter of official record.
3. Absent documentary evidence to corroborate his claim that he was wounded as a result of enemy action and documentation showing he was treated for those wounds by military medical personnel, there is insufficient evidence on which to base award of the PH.
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 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) AR20140020182
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ABCMR Record of Proceedings (cont) AR20140020182
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