BOARD DATE: 10 September 2015
DOCKET NUMBER: AR20150000650
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his award of the Purple Heart.
2. The applicant states that he was wounded by shrapnel as a result of enemy action in June 1968 and paid no attention at the time because he wanted to go home.
3. The applicant provides a copy of 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 on 18 September 1967. He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 20 March 1968 for assignment to Company D, 3rd Battalion, 187th Infantry Regiment.
3. He was promoted to the rank of sergeant on 9 January 1969 and departed Vietnam on 17 March 1969 for assignment to Fort Knox, Kentucky where he remained until he was honorably released from active duty (REFRAD) on 17 September 1969. He served 2 years of total active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Vietnam Service Medal, Combat Infantryman Badge, Vietnam Campaign Medal, Bronze Star Medal w/1OLC, Army Commendation Medal and Air Medal 1OLC.
4. A review of his official records failed to show any evidence of the applicant being wounded or injured as a result of enemy action or evidence to show that treatment was made a matter of record. Additionally, his records contain no orders awarding him the Purple Heart and 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 in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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 is not in doubt, he has failed to show through the evidence of record and evidence submitted with his application that such was the case.
2. Therefore, in the absence of evidence to shows he was wounded as a result of enemy action and that treatment for his wounds were made a matter of record there appears to be no basis for granting his request.
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) AR20150000650
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