RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 March 2008
DOCKET NUMBER: AR20070018227
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
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Ms. Shirley L. Powell
Chairperson
Ms. Yolanda Maldonado
Member
Mr. Edward E. Montgomery
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 that the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 May 1971.
2. The applicant states that the Purple Heart was presented to him in Vietnam due to shrapnel wounds he received. Medical evidence shows shrapnel wounds to his left leg. He was photographed being awarded the Purple Heart.
3. The applicant provides his DD Form 214 for the period ending 24 May 1971 with a DD Form 215 (Correction to DD Form 214); a U. S. Marine Corps DD Form 214 for the period ending 12 March 1980; a Department of Veterans Affairs Compensation and Pension Exam Report; and a copy of a photograph.
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 was inducted into the Army on 15 October 1969. He completed basic combat training and advanced individual training and was awarded military occupational specialty 05B (Radio Operator. He was assigned to U. S. Army Advisory Group II, Corps Tactical Zone, U. S. Army Military Assistance Command, Vietnam, on 29 April 1970. He departed Vietnam on 23 May 1971.
3. The applicant was released from active duty on 24 May 1971. His DD Form 214 for the period ending 24 May 1971 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal. This DD Form 214 was later amended to add other awards and decorations, but not the Purple Heart.
4. The applicants service medical records are not available. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show he was wounded. Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded the Purple Heart. His name is not listed on the Vietnam Casualty Roster.
5. The applicant provided a Department of Veterans Affairs Compensation and Pension Exam Report that noted in part, The veteran states that while he was in the service in Vietnam in 1971 he sustained a shrapnel wound to the left leg, there was some embedding of shrapnel above and around the knee. The exact locations are hard to see as no significant scarring from the original injury is seen.
6. Army Regulation 600-8-22 (Military Awards) states 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 by a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was wounded in action and provided a copy of a photograph that purports to be him being awarded the Purple Heart. Unfortunately, none of the Soldiers in the photograph can be identified as the applicant being awarded the Purple Heart, and it cannot be clearly determined that it was the Purple Heart being awarded.
2. The applicants DA Form 20 does not show that he was awarded the Purple Heart or that he was wounded in action. His name is not listed on the Vietnam Casualty Roster. His service medical records are not available. Regrettably, there is insufficient evidence that would warrant adding the Purple Heart to his DD Form 214 for the period ending 24 May 1971.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__slp___ __ym____ __eem___ 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.
__Shirley L. Powell___
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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