IN THE CASE OF:
BOARD DATE: 17 July 2008
DOCKET NUMBER: AR20080005961
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 (PH).
2. The applicant states he doesnt understand why he wasnt awarded the PH since he was sent to the hospital from the field enough times. He adds that he has many friends who were treated for wounds in Vietnam who also havent received the PH.
3. The applicant provides an excerpt from a letter written by a lieutenant. In that letter it was stated that sixteen soldiers were wounded from a mortar attack and subsequent grenade explosion. The applicants last name is included in that list. The applicant also provides a copy of his DD Form 214, Report of Separation From Active Duty, for the period ending 23 September 1976.
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 16 August 1966, was awarded the military occupational specialty (MOS) of infantryman, indirect fire crewman, was promoted to pay grade E-4, and served in Vietnam from 10 March 1967 to 3 September 1968.
3. The applicant served through a reenlistment, was reclassified to an offset pressman and finally a chaplains assistant, was promoted to pay grade E-5, and served a tour of duty in Germany. He was honorably discharged on 23 September 1976.
4. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) has no entry.
5. Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, which he authenticated in his own hand, does not show the award of the PH.
6. There are no orders in the applicant's military service records awarding him the PH.
7. The applicant is not listed on the Vietnam Casualty Roster.
8. Army Regulation 600-8-22 provides, in pertinent part, that the PH 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, and the medical treatment must have been made a matter of official record. A wound is defined as an injury to any part of the body from an outside force or agent sustained as a result of hostile action.
DISCUSSION AND CONCLUSIONS:
1. While the applicant submits an excerpt from a letter in which it states that a soldier with the applicants last name was wounded, there is nothing in the applicants military records to corroborate that statement.
2. Unfortunately, without corroborating documentation, there is insufficient documentation in which to grant the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X___ 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 the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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.
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