IN THE CASE OF:
BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20150001008
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 was injured by mortar fire in Vietnam in March 1968 and is service-connected by the VA for leg wounds and post-traumatic stress disorder. He goes on to state that he was taken to a hospital and was treated for burns and lacerations but was not awarded a Purple Heart.
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 into the Army of the United States on 3 January 1968. He completed basic training at Fort Campbell, Kentucky and advanced individual training as a decontamination specialist at Fort McClellan, Alabama before being transferred to Vietnam and he was assigned to the 59th Field Services Company on 28 July 1968. He was advanced to the pay grade of E-4 on 16 October 1968.
3. He departed Vietnam on 8 August 1969 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) as an overseas returnee on 9 August 1969. His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Campaign Medal, and the Vietnam Service Medal.
4. A review of his official records failed to show any evidence indicating he was wounded or injured as a result of enemy action and that treatment for such wounds/injuries were made a matter of record. 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 was wounded in Vietnam is not in doubt, there is insufficient evidence to warrant award of the Purple Heart at this time.
2. The Purple Heart is awarded for wounds/injuries sustained while in action against an enemy or as a result of hostile action and the medical treatment must have been made a matter of official record. However, in this case, sufficient evidence has not been presented to establish entitlement to the Purple Heart.
3. Therefore, in the absence of sufficient evidence, there appears to be no basis for awarding him the Purple Heart at this time.
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) AR20150001008
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20150001008
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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