IN THE CASE OF:
BOARD DATE: 23 July 2015
DOCKET NUMBER: AR20140021399
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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.
2. The applicant states:
a. He was wounded in action in Vietnam in 1967. His record will show he was injured in combat and did not receive the Purple Heart. He was serving with the 101st Airborne Division when there was a large explosion near his position and he was hit on the back of the head with shrapnel. He was knocked unconscious for a few minutes and there was blood on his hand from his wound. Other Soldiers helped him up and he was medically evacuated to the hospital.
b. He was asked if he wanted the Purple Heart and he said no because he thought you had to be shot to get one. Now he thinks he deserves one and request consideration of this matter. He served his country well and would hold this medal with high regard.
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 4 February 1966 and he held military occupational specialty 11B (Light Weapons Infantryman). He served in Vietnam from 6 May 1967 to 25 January 1967 while assigned to the 1st Battalion, 327th Infantry, 1st Brigade, 101st Airborne Division.
3. He was honorably released from active duty on 25 January 1968 and he was transferred to the U.S. Army Reserve. The DD Form 214 he was issued does not show award of the Purple Heart.
4. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) does not show he was ever assigned to a hospital in Vietnam. Item 40 (Wounds) of this form is blank and item 41 (Awards and Decorations) does not show the Purple Heart.
5. A review of the Adjutant General's Casualty Division's Vietnam casualty listing failed to show his name as a casualty.
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 duty 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. 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 evidence that shows he was wounded or injured as a result of hostile action. 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 conclusive evidence that shows he was wounded as a result of hostile action and treated for those wounds, regrettably, there is an insufficient evidentiary basis upon which to award the Purple Heart.
3. Nevertheless, 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) AR20140021399
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ABCMR Record of Proceedings (cont) AR20140021399
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