IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080005385
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 his Purple Heart be added to his separation document (DD Form 214).
2. The applicant states that he was hit several times by shrapnel in his left arm and received shrapnel burns to his chest in 1969.
3. The applicant provides two radiology reports dated 9 and 10 January 2008 which shows that the applicant had metallic fragments imbedded in his hand and forearm, and his 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 applicants military records show that he enlisted in the Regular Army on 6 September 1967, was awarded the military occupational specialty of wheel tractor operator, served in Vietnam from 8 February 1968 to 19 September 1969, and was promoted to pay grade E-5.
3. He was honorably released from active duty at the expiration of his term of service on 4 September 1970. His DD Form 214 does not list the Purple Heart.
4. The applicants military records do not contain orders for the Purple Heart.
5. The applicants DA Form 20, Enlisted Qualification Record, does not list the Purple Heart or any indication that the applicant was wounded.
6. In the applicants separation physical examination, no mention was made of any shrapnel wounds. The only entry made by the applicant was Injury knee while in [Vietnam] and I [still] have trouble with it.
7. The applicants name is not listed on the Vietnam Casualty Roster.
8. During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973. This review failed to reveal any the Purple Heart orders on file for the applicant.
9. Army Regulation 600-8-22 provides that the Purple Heart is awarded for wounds 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:
1. There is no evidence of record to support the applicants contention that he was wounded by shrapnel while in Vietnam.
2. If the applicant had received shrapnel wounds to his arm and shrapnel burns to his chest, those wounds would have been recorded on the applicants separation physical examination.
3. A civilian radiology report prepared 37 years after the applicant was released from active duty is insufficient evidence to show he was wounded as a result of hostile action.
4. In view of the foregoing, there is no basis for granting the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ____x___ 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.
_________x_____________
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.
ABCMR Record of Proceedings (cont) AR20080005385
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ABCMR Record of Proceedings (cont) AR20080005385
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