IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150002020
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 (PH).
2. The applicant states:
a. he sustained a shrapnel wound to his chest on 28 January 1968 when his company was ambushed by snipers;
b. he pulled the thumbnail size piece of shrapnel from the non-life threatening wound and continued to engage the enemy because they were still under fire;
c. to this day, he has a hard time with his Vietnam service, but receipt of the PH will help bring him closure.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* two witness statements
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 2 June 1967. He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 7 November 1967 to 1 November 1968, while assigned to the 172nd Transportation Company. Item 40 (Wounds) contains no entries and item 41 (Awards and Decorations) does not include the PH among its list of awards.
4. His record does not contain an order or any other documents indicating he was ever recommended for or awarded the PH by proper authority. It also does not include any documents to show he was ever treated for a combat-related wound or injury.
5. On 29 May 1969, the applicant was honorably released from active duty after completing 1 year, 11 months, and 27 days of total active service of which included 11 months and 25 days of foreign service in Vietnam
6. The applicant provides two witness statements from individuals who indicate they served with him in Vietnam and were with him when he was wounded in his chest by incoming fire from a sniper. They both indicate he refused to seek medical treatment because there were men more seriously wounded than him.
7. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam Casualty Roster. There is no entry pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH. It states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he is entitled to the PH for being wounded while serving in Vietnam. He states he sustained a non-life threatening wound when he was hit in the chest by a thumbnail size piece of shrapnel which he later pulled out and he continued to Soldier on in battle. It appears his wound did not require medical treatment by medical personnel.
2. There is no evidence of record to show the applicant suffered from a combat wound as a result of enemy action. Item 40 of the applicant's DA Form 20 is blank and his name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties. His claim is supported by witness statements; however, absent any official records showing he was wounded in action and treated for those wounds by military medical personnel while serving in the RVN, the statements provided are insufficient on their own to satisfy the regulatory criteria necessary for award of the PH.
3. The applicant and all others concerned should know that this action related to award of the PH in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20150002020
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ABCMR Record of Proceedings (cont) AR20150002020
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