| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Richard T. Dunbar | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart. He states that in May 1967 he was “the gunner in the lead jeep of the convoy when we were rammed by a Lambretta driven by a Vietnamese….” He notes he sustained “wounds and injuries” to his “shoulder, back, genitals, face and jaw” and was semi-conscious. He states he was medically evacuated where he was treated until he was able to return to his unit. He indicates that he was “informed” that while he was unconscious a “General or Colonel had come through and pinned a Purple Heart on [his] pillow” but never received orders for the award. He submits no evidence in support of his request except his self-authored statement.
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 30 August 1965 and was assigned as a “general clerk” at DeWitt Army Hospital, Fort Belvoir following successful completion of basic training. In June 1966 he was transferred to Vietnam where he was initially assigned as a heavy vehicle driver but on 10 May 1967 assumed duties as a company clerk. He had been awarded specialty 71H (Personnel Specialist) in January 1967. Item 38 (record of assignments) indicates he returned to duties as a heavy vehicle driver on 23 June 1967 and returned to the United States in July 1967.
On 29 July 1967 he underwent a physical examination. In his report of medical history he indicated that his health was “very good, best in my life” and made no mention of treatment for any wounds or injuries sustained as a result of hostile action. The physician who completed the applicant’s examination also noted no wounds or injuries.
On 29 July 1967 he was released from active duty with an 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 actions while in Vietnam.
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 29 July 1967, the date he was released from active duty and authenticated his separation report. The time for the applicant to file a request for correction of any error or injustice expired on 29 July 1970.
The application is dated 22 September 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
__JNS __ __RTD __ __DPH _ CONCUR WITH DETERMINATION
| CASE ID | AR2001060025 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010828 |
| 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 | CY2014 | 20140019343
The applicant requests correction of his records to show award of the Purple Heart. A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was awarded the Purple Heart. (3) Thus, these three statements (that do not show any evidence of being eyewitness statements) provide insufficient evidence to support a claim to the Purple Heart.
ARMY | BCMR | CY2011 | 20110023289
Application for correction of military records (with supporting documents provided, if any). The DD Form 214 he was issued shows he was credited with the completion of 2 years, 11 months, and 28 days of net service during this period of active duty, including 11 months and 16 days of foreign service in the U.S. Army Pacific (USARPAC) theater of operations. His available record does not contain orders for the Purple Heart; nor does it contain any documentation indicating he served in the...
ARMY | BCMR | CY2004 | 20040010847C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 July 2005 DOCKET NUMBER: AR20040010847 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 applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. Evidence shows that the applicant’s records contain...
ARMY | BCMR | CY1995 | 9511075C070209
He served his first tour of duty in Vietnam between September 1965 and September 1966 as a heavy weapons infantryman advisor with the Military Assistance Command. The applicants extensive service medical records are silent regarding any wounds or injuries sustained as a result of hostile actions. The time for the applicant to file a request for correction of any error or injustice expired on 30 November 1984.
ARMY | BCMR | CY2008 | 20080007592
There are service medical records showing the applicant was medically evacuated on 5 November 1968 for treatment of a compression fracture of the T12 sustained as a result of an accident when a bunker collapsed on the applicant. The evidence in his service medical records clearly shows that he sustained a back injury when a bunker collapsed. In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient...
ARMY | BCMR | CY2014 | 20140015596
The applicant requests: * award of the Purple Heart * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as something other than 57E (Laundry, Bath and Impregnation Specialist) and to show the Purple Heart 2. The DD Form 214 he was issued does not show award of the Purple Heart. With respect to his MOS, his record shows SO awarded him MOS 57E on 18 September 1967.
ARMY | BCMR | CY2007 | 20070006720
The applicant requests correction of his military records to show award of the Purple Heart. Based on the foregoing, there is insufficient evidence to grant the applicant's request for award of the Purple Heart in this case. Records show the applicant participated in four campaigns during his military service.
ARMY | BCMR | CY2006 | 20060014799
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 April 2007 DOCKET NUMBER: AR20060014799 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. There also is no evidence in his service personnel records that shows that he was wounded or treated for wounds as a result of hostile action in Vietnam. In the absence of military records or other corroborating...
ARMY | BCMR | CY2012 | 20120021533
There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against and enemy or as a result of hostile action. The applicant contends he should be awarded the Purple Heart because he was injured while serving in Vietnam.
ARMY | BCMR | CY2010 | 20100010922
The applicant requests award of the Purple Heart for wounds received in Vietnam. Therefore, in the absence of sufficient evidence to establish that he meets the criteria for award of the Purple Heart, there appears to be no basis to grant his request at this time. __________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.