RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 February 2008
DOCKET NUMBER: AR20070014117
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
Ms. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Ms. Margaret K. Patterson
Chairperson
Ms. Sherri V. Ward
Member
Mr. Jeffrey C. Redmann
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, in effect, award of the Purple Heart.
2. The applicant states, in effect, that personnel failed to record his combat wounds on his military records and publish orders for award of the Purple Heart. He states that he received an injury to his right elbow in Korea in 1954; a back injury in Vietnam, near LZ (landing zone) Chicago; received a shrapnel wound to his left shin in Vietnam in 1966; and a gunshot wound to his right ankle in Vietnam in 1970. He adds that the Purple Heart was noted on his records but personnel lined it out because no written orders could be located.
3. The applicant provides several documents from his military personnel file in support of his request.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records show he enlisted in the Regular Army on 9 February 1955, with prior service in the Army National Guard and United States Army Reserve, in the pay grade of E-2. He was promoted to staff sergeant (SSG/E-6) on 16 December 1967.
3. The applicant served until he was separated for the purpose of retirement on 28 February 1973. He was placed on the Retired List effective 1 March 1973, in the pay grade of E-6.
4. The applicant served in Vietnam from 10 August 1966 to 16 August 1967 and from 3 October 1969 to 29 September 1970.
5. The applicant's DD Forms 214 (dated 31 March 1968 and 1 February 1971) failed to show the Purple Heart as an authorized award.
6. There are no orders in the applicant's available personnel records which show that he was awarded the Purple Heart.
7. Item 40 of his DA Form 20 (Enlisted Qualification Record) shows the entry "Right Hand Shot 700600" (00 June 70). Item 41 (Awards and Decorations) shows the entry "Purple Heart AR 672-5-1 (Army Regulation) NO.
8. The applicant's name does not appear on the Vietnam Casualty List for a wound received as a result of hostile action.
9. The ADCARS (Awards and Decorations Computer Assisted Retrieval System) failed to show that orders were published on the applicant awarding him the Purple Heart while serving in Vietnam.
10. The applicant's records contain a copy of his retirement examination (Standard Form [SF] 88) and report of medical history SF 93. These documents show that he was cleared for retirement and was issued a 111311 profile. He was diagnosed as having varicose veins, asymptomatic; varicocoel, left; scar; hyperoptic astigamatism; and high frequency hearing loss. The applicant failed to mention any history of wounds incurred as a result of enemy action during the most important physical examination he could ever undergo his retirement physical. Neither the SF 88 nor SF 93 included a reference to a wound.
11. The applicant was issued several DA Forms 20 which listed his awards in item 41 with a few of them lined out for unknown reasons.
12. 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. The applicant was diagnosed as having varicose vein, asymptomatic; varicocoel, left; scar; hyperoptic astigamatism; and high frequency hearing loss and was cleared for retirement. He was placed on the Retired List.
2. There are no orders officially awarding the applicant the Purple Heart, he is not listed on the Vietnam Casualty List, and there are no medical records available to show that he was treated for a wound as a result of hostile action. Therefore, there is an insufficient basis upon which to approve an award of the Purple Heart.
3. The applicant contends that he received an injury to his right elbow in Korea in 1954; a back injury in Vietnam, near LZ Chicago; received a shrapnel wound to his left shin in Vietnam in 1966; and a gunshot wound to his right ankle in Vietnam in 1970. However, he has provided no evidence, and there is none, to support his contentions that these injuries/wounds merit award of the Purple Heart.
4. The applicant contends that the Purple Heart was noted on his records but personnel lined it out because no written orders could be located. A review of his records shows the entry "Right hand Shot 700600" (sic June 70/actual date unknown) and the entry "Purple Heart AR 672-1-1 NO." This entry does not correspond to any of the wounds or injuries the applicant claims to have sustained.
5. The applicant's records revealed several line entries had been deleted; but, it appeared these line entries were deleted because they were entered without authority and during a records check, could not be verified nor supported. The evidence presented is not sufficient to qualify the applicant for award of the Purple Heart and its addition to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___MKP_ __SW____ __JCR__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_____Margaret K. Patterson_____
CHAIRPERSON
INDEX
CASE ID
AR20070014117
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20080221
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19730228
DISCHARGE AUTHORITY
AR 635-200, chap 12
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
107
2.
3.
4.
5.
6.
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