IN THE CASE OF:
BOARD DATE: 10 September 2015
DOCKET NUMBER: AR20150002009
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 was wounded in his heel during a rocket attack near Phu Loi, Vietnam. He was offered the Purple Heart, but declined it.
3. The applicant provides a copy of his DD Form 214 (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's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.
3. The applicant served on active duty from 14 March 1966 to 13 March 1969 in military occupational specialty 67U (CH47 Helicopter Mechanic).
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows the following:
* promotion to specialist five/E-5
* service in Vietnam from 9 August 1967 through 8 August 1968
* item 40 (Wounds) is blank
* item 41 (Awards and Decorations) no entry for the Purple Heart
5. The applicant's DD Form 214 does not list the Purple Heart as an authorized award.
6. A review of the Vietnam Casualty List failed to show any reference to the applicant.
7. Army Regulation 600-8-22 (Military Awards), paragraph 2-8 provides that the Purple Heart is awarded to an individual who is wounded in action or as a result of enemy action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, or while serving with a friendly foreign force against an opposing force even though the United States is not engaged. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There are no available medical records to show the applicant was treated for wounds received while in action against the enemy or as a result of enemy action. Item 40 on his DA Form 20 is blank and the Purple Heart is not listed in Item 41. His DD Form 214 does not list the Purple Heart as an authorized award.
2. Without a record of treatment for a wound sustained as the result of enemy action, entitlement to the Purple Heart cannot be established.
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.
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