| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Ronald E. Blakely | Member | |
| Mr. Joe R. Schroeder | Member |
APPLICANT REQUESTS: Award of the Purple Heart. He states, in effect, that he sustained a shrapnel injury while in Vietnam between 1968 and 1969. He notes that if he is awarded the Purple Heart he will "have priority at VA medical centers." He submits no evidence in support of his request.
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.
EVIDENCE OF RECORD: The applicant's military records show:
He entered active duty on 1 February 1968 and served in Vietnam as an infantryman between August 1968 and August 1969. Upon returning to the United States from Vietnam he was assigned to Fort Carson, Colorado.
His separation physical examination, completed on 6 January 1970 makes no mention of any wounds received as a result of hostile action.
On 30 January 1970 the applicant was released from active duty with a honorable characterization of service. Neither his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) nor his DA Form 20 (Enlisted Qualification Record) reflect entitlement to the Purple Heart and item 40 (wounds) on his DA Form 20 is blank.
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds sustained as a result of hostile action. 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.
There is no evidence, nor has the applicant provided any which confirms he was wounded as a result of hostile action while in Vietnam and as such there is no basis to award the Purple Heart.
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. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on 30 January 1970, the date the applicant was released from active duty and authenticated his separation document. The time for the applicant to file a request for correction of any error or injustice expired on 30 January 1973.
The application is dated 20 April 2000 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.
DETERMINATION: The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law. Prior to reaching this determination the Board looked at the applicant's entire file. It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommend a correction of his record that the Board considered the statute of limitations. Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant's failure to submit his application within the three-year time limit.
BOARD VOTE:
________ ________ ________ EXCUSE FAILURE TO TIMELY FILE
________ ________ ________ GRANT FORMAL HEARING
__WTM__ __REB _ __JRS __ CONCUR WITH DETERMINATION
| CASE ID | AR2001054812 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001054812 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 142.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001060179C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant has not presented and...
ARMY | BCMR | CY2001 | 2001059679C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant has not presented and...
ARMY | BCMR | CY2004 | 04102535C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 JULY 2004 DOCKET NUMBER: AR2004102535 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The Board considered the following evidence: Exhibit A - Application for correction of military records. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2001 | 2001059595C070421
The applicant served in Vietnam as an infantry officer between September 1966 and October 1967 where he was awarded the Combat Infantryman Badge. A performance evaluation report, rendered in May 1968 for the period 11 August 1967 through 15 April 1968 makes no mention of any wounds sustained as a result of hostile action while in Vietnam. On 13 April 1968 the applicant was discharged from active duty.
ARMY | BCMR | CY2004 | 040007884C070208
The applicant requests that his record be corrected to show award of the Purple Heart. The applicant states that while engaged in hostile action against enemy forces for which he was awarded the Army Commendation Medal with “V” device, he received wounds and was awarded the Purple Heart. The applicant’s medical records show: a.
ARMY | BCMR | CY2006 | 20060011091
Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart. The applicant contends that he is entitled to award of the Purple Heart because of injuries sustained while serving in the Republic of Vietnam. Therefore, he is entitled to correction of his records to show this award.
ARMY | BCMR | CY2004 | 20040002450C070208
United States Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show entitlement to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, a Meritorious Unit Commendation, and a...
ARMY | BCMR | CY2001 | 2001063420C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant has not presented and...
ARMY | BCMR | CY2005 | 20050001613C070206
The applicant provides copies of: his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); Headquarters, 1st Aviation Brigade General Orders Number 6271, dated 3 December 1969, announcing award of the Bronze Star Medal for Heroism to the applicant for actions on 24 June 1969; and, a certificate awarding the Purple Heart to the applicant for wounds received in Vietnam on 2 December 1968. There are no orders, or other form of evidence, in the applicants records...
ARMY | BCMR | CY2005 | 20050001613C070206
The applicant provides copies of: his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); Headquarters, 1st Aviation Brigade General Orders Number 6271, dated 3 December 1969, announcing award of the Bronze Star Medal for Heroism to the applicant for actions on 24 June 1969; and, a certificate awarding the Purple Heart to the applicant for wounds received in Vietnam on 2 December 1968. There are no orders, or other form of evidence, in the applicant’s records...