IN THE CASE OF:
BOARD DATE: 1 September 2015
DOCKET NUMBER: AR20150001719
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart.
2. The applicant states:
* the doctor that operated on him in the field cauterized the bleeding and offered him his Purple Heart
* he never received recognition on his DD Form 214
* his DD Form 214 should show that he was combat wounded on 8 January 1968, while he was policing up bodies and equipment
* he was wounded by an 81 millimeter mortar round
* at the field hospital his wounds, which were on both legs, were cleaned of shrapnel
* during the night he had a "bleeder" and almost bled to death
* the fact that he was combat wounded never appeared on his
DD Form 214
3. The applicant provides a self-authored statement, dated 21 January 2015 and what appears to be two pages of a partial Department of Veterans Affairs (VA) Decision (undated).
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 25 May 1967. He completed training as a light weapons infantryman. He arrived in Vietnam on 16 November 1967.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he arrived as a patient at the Medical Holding Detachment of the 106th General Hospital in Vietnam on 27 January 1968. He departed Vietnam on 28 January 1968 and he arrived as a patient at Martin Army Hospital, Fort Benning, Georgia. However, item 40 (Wounds) on his DA Form 20 does not contain an entry.
4. On 29 April 1969, prior to the expiration of his term of service, the applicant received a medical examination and he reported that he had received multiple fragment wounds to his right hip and lower extremities in the Republic of Vietnam.
5. The applicant was honorably released from active duty (REFRAD) on 29 May 1969 at the expiration of his term of service. His DD Form 214 does not show he was awarded the Purple Heart.
6. The applicant provides what appears to be two pages of a VA Rating Decision which shows he currently has a 90 percent combined service-connected disability rating for medical conditions related to his military service. These documents do not show that he was wounded due to hostile action while in Vietnam.
7. Army Regulation 600-200 (Enlisted Personnel Management), chapter 9, in effect at the time, provided for the preparation and submission of the DA Form 20. Paragraph 9-53 states that item 40 of the DA Form 20 shows the wounds and reflects a brief description of wounds or injuries requiring medical treatment received through hostile or enemy action, including those requiring hospitalization and the date wounded or injured.
8. Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam Era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding him the Purple Heart.
9. A review of the Vietnam Casualty Listing did not reveal the applicant's name listed as a casualty.
10. 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's contentions have been noted. His supporting evidence has been considered.
2. Prior to his REFRAD, he reported that he had received multiple fragment wounds to his right hip and lower extremities in the Republic of Vietnam. Unfortunately, there is no evidence in the available record that confirms the injuries he reported or shows the cause of the injuries. In the absence of such evidence, there is an insufficient basis upon which to correct his DD Form 214 to show the Purple Heart.
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) AR20150001719
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ABCMR Record of Proceedings (cont) AR20150001719
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