RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 April 2007
DOCKET NUMBER: AR20060014799
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
Mr. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Mr. Thomas H. 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 correction of his records to show award of the Purple Heart.
2. The applicant states, in effect, that he was wounded while serving in Vietnam. He further stated that he served in the scout section of Headquarters and Headquarters Company, 1st Battalion, 69th Armor in Vietnam.
3. The applicant provides an undated witness statement from a former fellow Soldier.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 30 November 1981. The application submitted in this case is dated 10 October 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 28 April 1961 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 112.10 (Heavy Weapons Infantryman).
4. The applicant arrived in Vietnam and was assigned to Headquarters and Headquarters Company, 1st Battalion, 69th Armor on 17 January 1967. He departed Vietnam on 15 January 1968. On 30 November 1981, the applicant retired from active duty.
5. There are no general orders in the applicants service personnel records that show he was awarded the Purple Heart. There also is no evidence in his service personnel records that shows that he was wounded or treated for wounds as a result of hostile action in Vietnam. The applicant's name is not listed on the Vietnam Casualty Roster.
6. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the applicant was wounded, and item 41 (Awards and Decorations) does not show award of the Purple Heart.
7. The applicant's Army Medical Treatment Records are unavailable.
8. The applicant submitted an undated witness statement from a former fellow Soldier assigned to his unit. The author stated, in effect, that the applicant was injured in an armored personnel carrier (APC) some time in late summer or early fall of 1967. The author further stated that he (the author) spent most of his tour in the field supporting the scouts.
9. Army Regulation 600-8-22 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. There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart. There is no evidence in the available records and the applicant has not provided evidence that shows his injury was a result of hostile action. The witness statement submitted by a former fellow Soldier confirms that the applicant was injured in an APC some time in late summer or early fall of 1967. However, the former fellow Soldier did not mention that he was present at the time of the actual incident or how the injury occurred.
2. In the absence of military records or other corroborating evidence which show the applicant was injured as a result of hostile action, there is an insufficient basis for 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 30 November 1981. Therefore, the time for the applicant to file a request for correction of any error or injustice expired on
30 November 1984. 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
__JTM __ __THR __ ___RMN_ 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.
_____John T. Meixell _
CHAIRPERSON
INDEX
CASE ID
AR20060014799
SUFFIX
RECON
DATE BOARDED
17 APRIL 2007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
MR. SCHWARTZ
ISSUES 1.
107.0015.0000
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