IN THE CASE OF:
BOARD DATE: 15 May 2008
DOCKET NUMBER: AR20080003865
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that he be awarded the Purple Heart.
2. The applicant states, in effect, that he was stuck in the leg with a Punji stick and was never awarded the Purple Heart. He goes on to state that his squad leader told him that he would put him in for orders; however, he never received them because someone did not do their job.
3. The applicant provides a notarized hand-written statement from an individual who claims that he remembers the applicant being wounded by a Punji Stick and provides the name and address of the individual he claims was the medic at the time.
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 on 6 February 1969 for a period of 3 years. He completed his basic and advanced individual training at Fort Gordon, Georgia and his airborne training at Fort Benning, Georgia before being assigned to Fort Bragg, North Carolina.
3. On 7 November 1970, he was transferred to Vietnam and was assigned to Company D, 3rd Battalion (Airborne), 503rd Infantry Regiment, 173rd Airborne Brigade, for duty as a light weapons infantryman. He was awarded the Combat Infantryman Badge (CIB) on 19 March 1971.
4. On 24 August 1971, he was medically evacuated to the Medical Holding Detachment (MHD) at Fort Campbell, Kentucky to undergo treatment, detoxification, and rehabilitation for his heroin addiction.
5. On 9 September 1971, he was honorably released from active duty (REFRAD) as a member of an MHD who upon completion of hospitalization did not intend to immediately reenlist. He had served 2 years and 7 months of active service and had 4 days of lost time due to being absent without leave.
6. The applicants DD Form 214 reflects that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal with two bronze service stars, the parachutist badge, the CIB, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
7. A review of the applicants record fails to show any indication that the applicant was wounded or injured while in Vietnam or that he was ever treated for any such wounds or injuries. Additionally, his name is not contained on the Vietnam Casualty Listing.
8. Army Regulation 600-8-22 (Military Awards) 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 by medical personnel, and the medical treatment must have been made a matter of official record.
9. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided for award of the Purple Heart (PH). It stated that Soldiers who were treated and returned to their units within 24 hours of being wounded would be awarded the Purple Heart by their unit of assignment. For wounded Soldiers requiring hospitalization in excess of 24 hours or medical evacuation from Vietnam, the authority to award the Purple Heart was delegated to hospital commanders.
DISCUSSION AND CONCLUSIONS:
1. The applicant has not submitted and the available records do not contain sufficient evidence to show that he was wounded as a result of enemy action, that he was treated for any such wounds and that the treatment was made a matter of record. Therefore, absent evidence to the contrary, there appears to be no basis to award him the Purple Heart.
2. The supporting documents submitted by the applicant have been noted; however, they do not contain sufficient specific evidence necessary to establish entitlement to award of the Purple Heart. Therefore, in the absence of evidence to show that he was wounded or injured on a specific date by enemy forces and that he was treated for such wounds and/or injuries, there appears to be no basis to grant his request for award of the Purple Heart.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ 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.
___ XXX ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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