IN THE CASE OF: .
BOARD DATE: 9 July 2015
DOCKET NUMBER: AR20140020788
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 in May 1967, while riding aboard a personnel carrier that hit a landmine and blew the track apart, he suffered a leg injury when he was blown off in front of the carrier.
3. The applicant provides a copy of 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 was inducted on 14 December 1965. He completed his basic training at Fort Hood, Texas and his advanced individual training as a light weapons infantryman at Fort Gordon, Georgia before being transferred to Vietnam on 8 May 1966 for assignment to Troop C, 3rd Squadron, 4th Cavalry Regiment. He was awarded the Combat Infantryman Badge on 28 June 1966.
3. He departed Vietnam on 6 May 1967 for assignment to Fort Carson, Colorado where he remained until he was honorably released from active duty in the rank of sergeant on 13 December 1967 due to the expiration of his term of service (ETS). He had served 2 years of active service and his DD Form 214 issued at the time of his discharge shows he was awarded the Vietnam Service Medal, Combat Infantryman Badge and National Defense Service Medal.
4. A review of his official records failed to show any indication or entries indicating that the applicant had been wounded or injured in Vietnam. Additionally, his name is not contained on the Vietnam Casualty Listing.
5. 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 is entitled to award of the Purple Heart is not in doubt, he has failed to show through the evidence submitted with his application and the evidence of record, any evidence to show that he was wounded/injured as a result of enemy action and that treatment for his wound or injury was made a matter of record.
2. Therefore, in the absence of such evidence, 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) AR20140020788
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