IN THE CASE OF:
BOARD DATE: 30 July 2015
DOCKET NUMBER: AR20150000280
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 he received shrapnel wounds to the left eye and forehead during a mortar attack Camp Holloway, near Pleiku, South Vietnam on 10 February 1968. He goes on to state that after being treated at the camp dispensary following the attack, he was question about his wound and presumed that he was being recommended for award of the Purple Heart. He also states that he returned to the United States in May 1968 and was told that the award would catch up to him.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), his separation physical and operations reports for Camp Holloway.
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 24 May 1966. He completed his basic training at Fort Dix, New Jersey and his advanced individual training as a helicopter mechanic at Fort Rucker, Alabama before being transferred to Fort Carson, Colorado for his first and only assignment with the 604th Transportation Company.
3. On 4 May 1967, he was transferred to Vietnam with his unit and remained there until 3 May 1967 when he departed Vietnam and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) on 4 May 1968 as an overseas returnee. He had served 1 year, 11 months and 11 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal and his marksmanship badge.
4. A review of his official records and the Vietnam Casualty Listing failed to reveal any evidence showing that he was wounded as a result of enemy action or that he was treated for any such wounds or injuries. There is also no evidence of his being awarded the Purple Heart. Additionally, his separation physical/medical examination makes no mention of any such wounds.
5. The operation reports provided by the applicant provide no specific reference to the applicant being wounded.
6. 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 was wounded in Vietnam in action against the enemy is not in doubt, the applicant has failed to show through the available evidence of record and the evidence submitted with his application that such was the case.
2. Additionally, he has failed to show that treatment for his wounds was made a matter of record.
3. Therefore, in the absence of such evidence, there appears to be no basis for granting his request for a Purple Heart 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) AR20150000280
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ABCMR Record of Proceedings (cont) AR20150000280
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