RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 July 2007
DOCKET NUMBER: AR20070003032
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. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Mr. Robert J. Osborn, II
Member
Mr. Michael J. Flynn
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 was wounded in the Republic of Vietnam and was told he would receive a Purple Heart. The applicant further states that he could not find proof of the wound until he was sent his medical records.
3. The applicant provides a copy of his SF 600 (Chronological Record of Medical Care) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged injustice which occurred on 20 February 1981, the date of his discharge. The application submitted in this case is dated 15 February 2007.
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 Regular Army on 23 August 1967. Records also show that the applicant served in the Republic of Vietnam during the period 5 July 1969 through 5 July 1970.
4. Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 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.
7. The applicant records do not contain general orders which authorized him award of the Purple Heart.
9. The applicant's name is not shown on the Vietnam Casualty Roster.
10. The applicant provided a copy of his SF 600 showing that on 20 November 1969 he was treated by an Army medical officer for an injury due to a metal fragment on the left side of his neck. The medical form further shows that the applicant received a single 3.0 silk suture and returned to duty.
10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against and enemy or 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. This regulation also provides that there are no time limitations for requests for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to award of the Purple Heart because of injuries sustained while serving in the Republic of Vietnam.
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 shows 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 20 February 1981; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 19 February 1984. 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
_MJA___ __RJO__ _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 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.
_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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