RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 14 June 2007
DOCKET NUMBER: AR20060017687
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 K. Patterson
Chairperson
Ms. Ronald D. Grant
Member
Ms. Rowland C. 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 on 27 October 1968 while serving in Vietnam.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 31 July 1988; a Radiographic Report, dated 27 October 1968; and a Department of Veterans Affairs Rating Decision, dated 16 October 2006.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 31 July 1988. The application submitted in this case is dated 12 December 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 1963 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman). On 25 November 1966, he was honorably released from active duty. After a break in service, the applicant enlisted in the Regular Army on 6 May 1968.
4. The applicant arrived in Vietnam and was assigned to C Company, 2nd Battalion, 22nd Infantry on or about 20 May 1968.
5. The applicant provided a Radiographic Report, dated 27 October 1968. The document shows that an x-ray examination revealed a fragment in his right upper arm.
6. The applicant departed Vietnam on or about 9 May 1969. On 31 July 1988, he retired from active duty.
7. Item 13 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with the period ending
31 July 1988 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 9 (Awards, Decorations and Campaigns) of the applicant's DA Form
2-1 (Personnel Qualification Record) does not show award of the Purple Heart.
10. 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.
11. The applicant's Army Medical Treatment Records are unavailable.
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. 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 Radiographic Report submitted by the applicant shows an
x-ray examination revealed a fragment in his right upper arm. However, the document did not mention that the wound was sustained as a result of hostile action.
2. In the absence of military records 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 31 July 1988. Therefore, the time for the applicant to file a request for correction of any error or injustice expired on
30 July 1991. 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
__MKP _ __RDG__ ___RCH_ 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.
__ Margaret K. Patterson __
CHAIRPERSON
INDEX
CASE ID
AR20060017687
SUFFIX
RECON
DATE BOARDED
14 JUNE 2007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES 1.
107.0015.0000
2.
3.
4.
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6.
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