RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 May 2007
DOCKET NUMBER: AR20060013844
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
Director
Ms. Antoinette Farley
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Mr. Jerome L. Pionk
Member
Mr. Eddie L. Smoot
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, in effect, he was wounded while serving in the Republic of Vietnam. The applicant continues that he has the scars from a 122 MM Rocket which blew up and left a chunk of metal in his right forearm. The applicant continues that there does not seem to be any documents that show a medic removed shrapnel, bandaged his wound, and told him to see the doctor which he refused to do.
3. The applicant provides no additional documentary evidence in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 13 September 1968, the date of his release from active duty. The application submitted in this case is dated 18 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 enlisted in the Regular Army on 13 December 1965 for a period of 3 years. After completion of basic and advanced individual training, he was awarded military occupational specialty 63C (General Vehicle Repairman). The applicant served in the Republic of Vietnam during the period 7 January 1967 through 4 September 1968. He was honorably discharged on 13 September 1968.
4. The applicant's record shows he was issued a DD Form 215 (Correction to DD Form 214 Certificate of Release or Discharge from Active Duty), dated 12 April 2005. The DD Form 215 corrected item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to add the Vietnam Service Medal with 2 bronze service stars, the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar, 3 Overseas Bars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
5. The applicant's DD Form 214 and DD Form 215 do not show award of the Purple Heart.
6. There are no orders in the applicant's service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.
7. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show any entry. Item 41 (Awards and Decorations) of this form does not show the Purple Heart.
8. The applicant's name is not listed on the Vietnam Casualty Roster.
9. 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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the Purple Heart.
2. There is no evidence in the available records and the applicant did not submit corroborating evidence that shows he was wounded or treated for wounds incurred as a result of hostile action. Therefore, there is insufficient evidence upon which to base an award of the Purple Heart in this case.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 13 September 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 12 September 1971. Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file in this case 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
_JLP___ __LDS___ _ELS ____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that it was appropriate to waive the ABCMR's 3-year statute of limitations in this case.
2. 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 to show award of the Purple Heart.
_Linda D. Simmons__
CHAIRPERSON
INDEX
CASE ID
AR20060013844
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
Mr.
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