RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 April 2008
DOCKET NUMBER: AR20080001050
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 received wounds to his scalp as a result of rocket fragments during a hostile attack in Vietnam. He was treated for those wounds on 9 June 1970.
3. The applicant provides a copy of a Standard Form 600 (Chronological Record of Medical Care); an Army Commendation Medal award certificate; a Bronze Star Medal award certificate; his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and a DD Form 215 (Correction to DD Form 214).
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 enlisted in the Regular Army on 30 November 1968.
3. The applicants DA Form 20 (Enlisted Qualification Record) is not available; however, his Bronze Star Medal orders show he was in Vietnam from September 1969 to September 1970.
4. The applicants name is not listed on the Vietnam Casualty roster; however, he provided a copy of a Standard Form 600 (the original of which is filed in his records) that shows he received minor lacerations to his scalp as a result of rocket fragments during a hostile attack. He was treated for those wounds on 9 June 1970.
5. The applicant was honorably released from active duty on 9 September 1970. His DD Form 214 does not show he was awarded the Purple Heart.
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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that the applicant was treated on 9 June 1970 for wounds received as a result of a hostile attack. Therefore, it appears he met the eligibility criteria for award of the Purple Heart.
BOARD VOTE:
__phm___ __jgh___ __ksj___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds received on 9 June 1970 and by adding the Purple Heart to his DD Form 214.
_ PM ___
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080001050
3
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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