RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 MARCH 2004
DOCKET NUMBER: AR2003096782
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.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. Luther L. Santiful | |Chairperson |
| |Mr. Lester Echols | |Member |
| |Mr. Thomas E. O'Shaughnessy, Jr. | |Member |
The applicant and counsel if any, did not appear before the Board.
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
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 combat while serving in Vietnam.
He states he was wounded in 1971 but does not know "the month or the
location."
3. The applicant provides no evidence in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an error which occurred on 27
May 1971. The application submitted in this case is dated 20 August 2003.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. Records available to the Board indicate that the applicant was inducted
and entered active duty on 2 June 1969. He was trained as an infantryman
and deployed to Vietnam between October 1970 and May 1971.
4. The applicant's limited service medical records make no mention of any
wounds sustained as a result of hostile action. His May 1971 separation
physical examination also does not indicate any such wounds. His name was
not among a list of individuals reported as combat casualties during
Vietnam War and item 40 (wounds) on his Department of the Army Form 20
(Enlisted Qualification Record) is blank.
5. 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.
DISCUSSION AND CONCLUSIONS:
1. There is no medical evidence, and the applicant has not provided any,
which confirms that he was wounded as a result of hostile action while in
Vietnam. In the absence of such evidence, there is no basis for an award
of the Purple Heart.
2. In order to justify correction of a military record the applicant must,
or it must otherwise satisfactorily appear, that the record is in error or
unjust. The applicant has failed to submit evidence that would satisfy
this requirement.
3. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 May 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
26 May 1974. However, the applicant did not file within the 3-year statute
of limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to file
in this case.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
__LLS___ ___LE___ __TEO__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that 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.
2. As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law. Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.
___ Luther L. Santiful_____
CHAIRPERSON
INDEX
|CASE ID |AR2003096782 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20040325 |
|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. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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