RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 March 2007
	DOCKET NUMBER:  AR20060012479 


	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.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be awarded the Purple Heart.

2.  The applicant essentially states that he was wounded in action on 
20 February 1968.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge From Active Duty) and a letter, dated 10 January 2006, from a person who claims to have served with the applicant during the 1968 TET Offensive in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 31 January 1985, the date of his retirement from the Regular Army.  The application submitted in this case is dated 18 August 2006.

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 limitations 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.  The applicant’s military records show that he retired from the Regular Army on 31 January 1985 after serving more than 20 years of enlisted active duty service. The DD Form 214 that was issued to him at the time of his retirement shows that he was awarded the Air Medal, the Meritorious Service Medal, the Army Commendation Medal with Second Oak Leaf Cluster, six awards of the Good Conduct Medal, the National Defense Service Medal, The Vietnam Service Medal with Four Bronze Service Stars, the Republic of Vietnam Campaign Medal, the Noncommissioned Officer Professional Development Ribbon with Numeral 1, the Army Service Ribbon, the Overseas Service Ribbon with Numeral 3, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with M-14 Rifle, M-16 Rifle, .45 caliber Pistol, and .38 caliber Pistol Bars, and the Silver German Army Marksmanship Badge.    


4.  The applicant provided a letter, dated 10 January 2006, from a person who claims to have served with the applicant during the TET Offensive.  This author of this letter essentially stated that when he came into contact with the applicant, he was severely wounded in the face and left leg by enemy shrapnel.  The author of this letter also stated, in effect, that he applied pressure bandages, opened two intravenous lines, and gave the applicant morphine and constant treatment for shock.  However, there is no evidence in the applicant’s military records that shows that he was ever wounded in action, or that he received medical treatment for wounds received in action that were made a matter of official record.  Additionally, the applicant’s name is not listed on the Vietnam Casualty Roster.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.  This regulation also provides that there are no time limitations on requests for award of the Purple Heart.

6.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart.

2.  The letter provided by the applicant which essentially stated that he was severely wounded in the face and left leg by enemy shrapnel is not corroborated by any evidence in his military records.  While the Board does not doubt the veracity of the applicant’s claim to entitlement to award of the Purple Heart, the letter, which was provided by the applicant and was prepared over 37 years after the fact, does not by itself show that he was wounded in action by a preponderance of the evidence.  Absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, and that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding the Purple Heart to the applicant in this case.  

3.  Records show the applicant should have discovered the alleged error now under consideration on 31 January 1985; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 January 1988. Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact there is no time limitation on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___KW __  __LD ___  ___EF __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined it was appropriate to waive failure to timely file in this case.

2.  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 to show award of the Purple Heart.





_____Kenneth Wright_________
          CHAIRPERSON








INDEX

CASE ID
AR20060012479
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070410
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0015.0000
2.

3.

4.

5.

6.