IN THE CASE OF:
BOARD DATE: 28 August 2008
DOCKET NUMBER: AR20080005659
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 award of the Purple Heart.
2. The applicant states that he was wounded by shrapnel from unexploded ordnance after the TET 1968 Offensive and that he was treated on 5 February 1968 at the 5th Special Forces hospital in the Republic of Vietnam.
3. The applicant did not provide any additional documentary evidence in support of his application.
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's records show he was inducted into the Army of the United States on 21 September 1966. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 94B (Cook). He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 23 July 1968. The highest rank/grade he attained during this period of military service was specialist five (SP5)/E-5.
3. The applicant's records also show he served in the Republic of Vietnam from 25 July 1967 to 24 July 1968. He was assigned to Company B, 5th Special Forces Group (Airborne).
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Parachutist Badge. Item 24 does not show award of the Purple Heart.
5. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) does not indicate that he was a patient at any Field Hospital due to injuries/wounds received during his service in the Republic of Vietnam.
6. Item 40 (Wounds) of the applicant's DA Form 20 shows a blank entry.
7. The applicant's name is not shown on the Vietnam Casualty Roster.
8. There are no general orders in the applicant's records that show he was awarded the Purple Heart.
9. 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 Purple Heart orders on file for the applicant.
10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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:
There are no general orders that show the applicant was awarded the Purple Heart and there is no evidence in his service personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds. In the absence of corroborating documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.
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.
ABCMR Record of Proceedings (cont) AR20080005659
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ABCMR Record of Proceedings (cont) AR20080005659
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