RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 14 June 2007
DOCKET NUMBER: AR20060017590
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Ms. Margaret Patterson
Chairperson
Mr. Ronald Gant
Member
Mr. Rowland Heflin
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 in 1965 and never received award of the Purple Heart.
3. The applicant provides a Standard Form (SF) 600 (Chronological Record of Medical Care), dated 3 March 1977; a SF 513 (Consultation Sheet), dated
3 March 1977; and a two-page Letterman Army Medical Center (LAMC) Form 722 (Clinical Record Report), dated 28 April 1977.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 30 June 1977. The application submitted in this case is dated 15 November 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 23 August 1955 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 111.77 (Light Weapons Infantryman).
4. The applicant arrived in Vietnam and was assigned to the United States Army Military Assistance Command, Vietnam on or about 6 December 1964. He departed Vietnam on or about 17 December 1965.
5. The applicant provided a LAMC Form 722, dated 28 April 1977. This document shows surgery was performed on his right leg for a low velocity gunshot wound he received while serving in Vietnam in 1965.
6. On 30 June 1977, the applicant retired from active duty.
7. The applicant's DD Form 214 with the ending period 30 June 1977 does not show award of the Purple Heart.
8. 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.
9. 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.
10. The applicant's Army Medical Treatment Records are unavailable.
11. 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 submitted a LAMC Form 722, dated 28 April 1977, that shows that surgery was performed on his right leg for a low velocity gunshot wound he received while serving in Vietnam in 1965. However, his surgery was performed 12 years after the fact. 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 he was injured as a result of hostile action.
2. Lacking any corroborating evidence of record showing the applicant was treated for a wound/injury that was the direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 June 1977. Therefore, the time for the applicant to file a request for correction of any error or injustice expired on
29 June 1979. 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:
________ ________ ___rdg__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__rh____ __mkp___ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
______________________
CHAIRPERSON
INDEX
CASE ID
AR20060017590
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070614
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
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