IN THE CASE OF:
BOARD DATE: 21 July 2015
DOCKET NUMBER: AR20140020619
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 for injuries sustained in Vietnam as a result of a rocket attack.
2. The applicant states he was never awarded the Purple Heart in recognition of his left arm injury as a result of a rocket attack. He did not take the time to request the award due to his involvement in work and normal life. He has no evidence, just the names of witnesses.
3. The applicant provides copies of the following:
* DA Form 66 (Officer Qualification Record), page 4
* two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge)
* four award orders pertaining to another individual
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 the cases 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.
2. The applicant's military records show he enlisted in the Regular Army on 3 November 1966. He was honorably discharged on 11 August 1968 for the purpose of accepting a warrant officer (WO) appointment. His DD Form 214 lists the:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Pistol (.38) Bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
3. He was appointed in the U.S. Army Reserve (USAR), as a WO, on 12 August 1968 and entered on active duty on the same day.
4. He appears to have served in Vietnam (because he was awarded Vietnam-specific awards); however, his exact dates of service and unit of assignment are unknown. His complete DA Form 66 is not available for review with this case.
5. He was honorably released from active duty to the USAR on 20 November 1969. He was credited with completing 1 year, 3 months, and 9 days of net active service this period and 6 months and 16 days of foreign service. His DD Form 214 shows he was awarded or authorized the:
* Vietnam Service Medal
* Air Medal with 2nd Oak Leaf Cluster and with "V" Device
* Republic of Vietnam Campaign Meal with Device (1960)
* one overseas service bar
6. His name is not listed on the Vietnam casualty roster and his complete service medical records are also not available for review with this case.
7. He provided four award orders pertaining to another individual as well as page 4 of his 4-page DA Form 66, which shows in item 21 (Award and Decorations) all the awards listed on his 1968 and 1969 DD Forms 214.
8. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Purple Heart or any additional awards pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Award) states the Purple Heart is awarded for a wound sustained as a result of enemy 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. There is no evidence of record and the applicant did not provide sufficient evidence to show he sustained a wound/injury as a result of enemy action, received treatment, and that treatment was made a matter of official record for award of the Purple Heart during his period of service in Vietnam.
Unfortunately, his complete medical records, which are necessary to confirm that treatment was required, are not available for review.
2. His DA Form 66 is not available to show he was wounded. Additionally, item 21 of the page he provides (of this 4-page form) does not list the Purple Heart. His name is also not listed on the Vietnam casualty roster and a review of ADCARS did not reveal any orders awarding him the Purple Heart.
3. By regulation, to be awarded the Purple Heart 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, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record. Notwithstanding his contentions and sincerity, in the absence of evidence, there is insufficient evidence upon which to base award of the Purple Heart.
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) AR20140020619
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ABCMR Record of Proceedings (cont) AR20140020619
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