AR20150009150

IN THE CASE OF:

BOARD DATE: 8 March 2016

DOCKET NUMBER: AR20150009150

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

____X___ ____X___ ____X___ DENY APPLICATION

2�Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 8 March 2016

DOCKET NUMBER: AR20150009150

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.

Enclosure�1

IN THE CASE OF:

BOARD DATE: 8 March 2016

DOCKET NUMBER: AR20150009150

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 he was hit by shrapnel above his left eye during a firefight in Vietnam.

3. The applicant provides copies of two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his application.

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 initially enlisted in the Regular Army on 19 September 1966. He was trained in and served in military occupational specialty 12B (Combat Engineer).

3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 23 November 1967 to 22 November 1968. Item 40 (Wounds) contains no entries.

4. On 29 January 1969, the applicant was honorably discharged from active duty after completing 2 years, 4 months, and 11 days of creditable active service. The DD�Form�214 issued at that time lists the following awards in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):

* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* Combat Infantryman Badge
* Parachutist Badge
* Marksman Marksmanship Qualification Badge

5. On 30 January 1969, the applicant reenlisted in the RA and continued to serve until he was discharged under honorable conditions on 15 March 1971. The DD Form 214 issued to him at that time does not include the PH.

6. There are no documents in the applicant’s record to show he was ever awarded or recommended for award of the PH. Additionally, there are no documents to show he was ever wounded as a result of enemy action or medically treated for a combat related wound.

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 in this list of RVN casualties.

8. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the PH. ADCARS is 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.
REFERENCES:

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:

1. The applicant contends he should be awarded the PH. There is insufficient evidence to support this claim.

2. There is no available evidence showing the applicant suffered a combat wound as a result of enemy action. Item�40 of the applicant’s DA�Form�20 is blank. The applicant’s name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties. Absent evidence to corroborate that he was wounded as a result of enemy action and that he was treated for those wounds by military medical personnel while serving in the RVN, the evidence is insufficient and the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.

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.

//Nothing Follows//
ABCMR Record of Proceedings AR20150000953

Enclosure 2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150009150

3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2