IN THE CASE OF:
BOARD DATE: 24 September 2015
DOCKET NUMBER: AR20150002785
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 the Republic of Vietnam and he was never recognized for it. He further states his Department of Veterans Affairs representative told him he should request the medal.
3. The applicant provides:
* 3 DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214)
* Standard Form (SF) 600 (Health Record Chronological Record of Medical Care)
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. Having prior enlisted service, the applicant was inducted into the Army of the United States on 24 July 1969. Evidence shows he served in the Republic of Vietnam for the period 1 January to 26 November 1970.
3. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank. Item 41 (Awards and Decorations) does not show award of the Purple Heart.
4. On 27 November 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 he was issued at the time shows the:
* National Defense Service Medal
* Army Good Conduct Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
5. The applicant's official military personnel file (OMPF) contains no medical records showing he was wounded in action or treated for a wound received as a result of enemy action. His OMPF also does not contain orders awarding him the Purple Heart.
6. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster. The applicant's name is not included on this roster.
7. A 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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
8. The applicant provides a copy of an SF 600. An entry, dated 20 March 1970, states the applicant received a fragment wound to the right side of his neck due to an explosion at the trash dump. This form does not indicate the explosion was the result of enemy action. Particles were removed, cleansed and dressed.
9. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-8 contains guidance on the Purple Heart. It states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's OMPF is void of any orders awarding him the Purple Heart. In order to support award of the Purple Heart, the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action. The member must have required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record.
2. The applicant's service in the Republic of Vietnam is not in question. It is also apparent the applicant sustained a fragment wound to his right neck which was treated by medical personnel and documented.
3. However, the applicant's record contains insufficient evidence which confirms the explosion at the trash dump was the result of enemy action. The regulatory burden of proof necessary to support award of the Purple Heart has not been met; therefore, it would appear to be inappropriate to award the applicant 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.
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