BOARD DATE: 20 October 2015
DOCKET NUMBER: AR20150001795
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 sustained a gunshot wound to the right index finger in April 1970, while he was in the Republic of South Vietnam
* he was in the Evacuation Hospital in Anke, Vietnam before he was medically evacuated to Japan (he believes it was Camp Drake)
* he was further shipped to the Great Lakes Naval Hospital, which is outside of Chicago, IL
* he was in the hospital from late April until about early June 1970
* he was given a Purple Heart while in the Evacuation Hospital or it was placed on his pillow while he was asleep by the hospital commander
* he was told that orders and a certificate would follow, but he has never received them
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 20 February 1972
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 2000
* Certificate of Training, dated 4 May 1970
* DA Form 2-1 (Personnel Qualification Record - Part II)
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 applicants military records are not available to the Board. This case is being considered using the documents provided by the applicant.
3. The applicant enlisted in the Regular Army on 2 December 1969.
4. His DA Form 20 (Enlisted Qualification Record) is not available; however, his DA Form 2-1 shows in:
a. item 5 (Oversea Service) he served in Vietnam from 22 April to 28 May 1970, Alaska from 11 August 1970 to 19 March 1971, and Vietnam from 21 April 1971 to 19 February 1972.
b. item 9 (Awards, Decorations, and Campaigns) no entry for award of the Purple Heart.
5. His service record does not contain orders that show he was awarded the Purple Heart. The Vietnam casualty roster does not list his name.
6. He was honorably released from active duty on 20 February 1972 and was transferred to the U.S. Army Reserve Control Group (Reinforcement) on the following day. The DD Form 214 issued to him for this period does not show award of the Purple Heart.
7. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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. The applicant contends that he sustained a gunshot wound to his right index finger in April 1970 during his assignment in the Republic of South Vietnam. However, his service record is void of medical documentation which confirms he was injured or was treated by a medic.
2. His service record is void of evidence which indicates he sustained an injury as the result of hostile action. His name is not listed on the Vietnam casualty roster.
3. He has not provided sufficient evidence and his service record is void of evidence which confirms he was treated in the Evacuation Hospital in Anke, Vietnam or Japan for wounds received as a result of enemy action.
4. By regulation, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded as a result of enemy action, the wound required treatment by medical personnel, and the treatment must have been made a matter of official record.
5. In the absence of evidence that shows he was wounded or injured as a result of hostile action and the treatment was made a matter of official record, there is an insufficient basis upon which to award 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) AR20150001795
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ABCMR Record of Proceedings (cont) AR20150001795
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