RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 April 2007
DOCKET NUMBER: AR20060013841
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. Gerard W. Schwartz
Acting Director
Mrs. Victoria A. Donaldson
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Mr. Thomas M. Ray
Member
Ms. Rea M. Nuppenau
Member
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 that he did not receive the Purple Heart when he was medically evacuated from the Republic of Vietnam in 1970. The applicant continues that he received a concussion from a mortar attack and sustained loss of vision and a migraine headache.
3. The applicant did not provide any additional documentary evidence in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 7 March 1977, the date of his retirement. The application submitted in this case is dated 20 September 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's records show that he enlisted in the US Army on 23 June 1958. He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 81B (Draftsman). The applicant served two tours of duty in the Republic of Vietnam during the periods 13 November 1961 through 4 December 1962 and 2 March 1969 through 28 December 1969. The applicant was honorably released from active duty on 7 March 1977.
4. Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Report of Separation from Active Duty) does not show award of the Purple Heart.
5. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show any entries for wounds received. Item 41 (Awards and Decorations) does not show award of the Purple Heart.
6. There are no medical records in the applicant's official military personnel file that show he sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.
7. There are no general orders in the applicant's records to show he was awarded the Purple Heart.
8. The applicant's name does not appear on the Vietnam Casualty Roster.
9. Army Regulation 672-5-1 (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 the result of hostile action, the wound must have been treated by a medical officer, and the medical treatment must have been made a matter of official records.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to award of the Purple Heart was carefully considered and determined to be without merit.
2. There are no general orders that show the applicant was awarded the Purple Heart. There is no evidence in his service personnel records which show that he was wounded or injured as a result of hostile action or treated for such wounds. The applicant's name is not listed on the Vietnam Casualty Roster.
3. 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 evidence upon which to base award of the Purple Heart in this case.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 7 March 1977; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 6 March 1980. 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 statute of limitations on requests for award of the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_TMR___ _RMN_ __ _JTM___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that 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 T. Meixell____
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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