IN THE CASE OF:
BOARD DATE: 24 June 2008
DOCKET NUMBER: AR20080005704
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 awarded the Purple Heart in late 1970 or early 1971, the same date as he was awarded the Air Medal, for a shrapnel wound to his left ankle. He was treated at the Bien Hoa Mobile Army Surgical Hospital unit. He has the medal but no paperwork. He was flying as a medic on a medical evacuation helicopter. It was a minor wound. He was treated and released.
3. The applicant provides his DD Form 214 for the period ending 28 September 1972.
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 20 February 1969. He was honorably discharged on 28 September 1969 and immediately reenlisted on 29 September 1969. His DD Form 214 for the period ending 28 September 1969 shows he was awarded the National Defense Service Medal and the Expert Marksmanship Qualification Badge (Rifle M-14).
3. The applicant arrived in Vietnam and was assigned to Headquarters and Headquarters Detachment, 61st Medical Battalion, on 15 April 1970. He was reassigned to the 68th Medical Detachment on 30 April 1970.
4. The applicant was awarded the Air Medal on orders dated 19 October 1970 for action from 1 July to 17 July 1970.
5. The applicant departed Vietnam on 15 March 1971.
6. The applicant was released from active duty on 28 September 1972. His DD Form 214 for the period ending 28 September 1972 shows he was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Good Conduct Medal, the Expert Marksmanship Qualification Badge (Rifle M-16), and two overseas bars.
7. The applicants records do not contain Purple Heart orders. His name is not listed on the Vietnam Casualty Roster. 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.
8. 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:
1. There is no evidence of record and the applicant provided none to show he was wounded as a result of hostile action or that he was awarded the Purple Heart.
2. Regrettably, there is insufficient evidence at this time that would warrant granting the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xx____ ___xx___ ___xx___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_ ______xxxxxx____________
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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