IN THE CASE OF:
BOARD DATE: 3 September 2015
DOCKET NUMBER: AR20150000164
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.
2. The applicant states he suffered a shrapnel wound to the head while he was in Vietnam. He now has stage four cancer. He has lung cancer related to Agent Orange as well as brain and liver cancer. He references his Department Veteran Affairs (VA) claim number.
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 and entered active duty on 27 November 1967. He completed basic training and advanced individual training as an artilleryman and was transferred to Vietnam for duty with the 25th Infantry Division.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 38 (Record of Assignments) service in Vietnam with C Battery, 7th Battalion, 11th Artillery from 17 May 1968 to 4 May 1969;
b. item 40 (Wounds) - no entry
c. item 41 (Awards and Decorations) no entry for the Purple Heart
4. After his return to the United States, he was hospitalized for back problems and suspected tuberculosis.
5. His available medical records are mostly concerned with his disability case. His name does not appear on the Vietnam casualty roster. There is no available evidence that the applicant was treated for a wound sustained while in action against the enemy or as the result of enemy action.
6. On 21 August 1970 he was placed on the Temporary Disability Retired List in pay grade E-2. He was permanently retired due to physical disability in early 1975. His DD Form 214 does not show the Purple Heart among his authorized awards.
7. 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. The applicant requests award of the Purple Heart.
2. Unfortunately, there is no available evidence to show the applicant was treated for a wound sustained while in action against the enemy or as the result of enemy action.
3. Therefore, there is insufficient evidence of record and the applicant did not provide sufficient evidence to support granting the applicant's request.
4. The Board wants the applicant and all others concerned to know that this in no way diminishes the sacrifices made by this former Soldier in service to our Nation. The applicant and all Americans may 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.
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