RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 April 2007
DOCKET NUMBER: AR20060013111
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 injured because of sniper fire, and that the driver of the vehicle he was in panicked and ran off a cliff.
3. The applicant provides two extracts from his service medical records, his
DD Form 214 (Certificate of Release or Discharge From Active Duty) that was issued at the time of his release from active duty on 4 June 1991, and a
DD Form 215 (Correction to DD Form 214) in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on
31 July 2001, the date of his discharge. 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 applicants failure to timely file.
3. The applicant provided two extracts from his service medical records which show that he suffered multiple abrasions and lacerations to his face on 26 July 1971 in Vietnam, when he was a passenger in a military jeep which was involved in an accident. However, there is no evidence which shows that this accident was caused by a sniper, or that it was caused by any enemy action. There is also no evidence in the available military records that shows that he was ever wounded or injured as a result of hostile action. Additionally, the applicants name is not listed on the Vietnam Casualty Roster.
4. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the Purple Heart.
2. While the Board does not doubt the veracity of the applicants contention that the vehicle accident that he was involved in on 26 July 1971 while serving in Vietnam was caused by a sniper, there is no evidence in the applicants available military records, and the applicant failed to provide any evidence which conclusively shows that he was injured as a result of hostile action. Absent such evidence, the applicants statement, by itself, is insufficient to grant award of the Purple Heart.
3. There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that he sustained injuries as a result of hostile action or that he received treatment for injuries that were sustained as a result of hostile action. Based on the foregoing, there is insufficient evidence to grant the applicant's request for award of the Purple Heart in this case.
4. Records show the applicant should have discovered the alleged error now under consideration on 31 July 2001; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 July 2004. 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
__JI ____ __SP ___ __QS ___ 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.
______ John Infante________
CHAIRPERSON
INDEX
CASE ID
AR20060013111
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070403
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
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