IN THE CASE OF:
BOARD DATE: 12 June 2008
DOCKET NUMBER: AR20080006035
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, in effect, that on 7 March 1968 his armored personnel carrier (APC) hit a land mine in Vietnam. He contends that all members were thrown from the vehicle, that they were immediately hit by a rocket propelled grenade causing an explosion, and that everyone perished but him.
3. The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge); two eyewitness statements; and three photographs (one photograph depicts three Soldiers and a dog; and two photographs depict a destroyed APC).
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 18 November 1966 for a period of 3 years. He arrived in Vietnam on 29 May 1967. He was assigned to Company A, 2nd Battalion, 47th Infantry of the 9th Infantry Division in Vietnam from 15 June 1967 through 26 May 1968. On 17 November 1969, the applicant was released from active duty in the temporary rank of sergeant after completing 3 years of creditable active service with no lost time.
3. The applicants DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), and the Combat Infantryman Badge as authorized awards.
4. There is no evidence in the available records which show that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.
5. The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant's name does not appear on the Vietnam Casualty Roster.
6. In support of his claim, the applicant provided an undated eyewitness statement, from a fellow Soldier at the time in question. He attests that he was driving an APC right behind the applicants APC on 7 March 1968. He states that the applicants APC ran over a very large mine, the blast set the APC upright on its back end, then the gas tank exploded and literally blew the APC apart. He also states that he took photographs to document the destruction of the APC and that the applicant was one of the very few who was not killed in this incident. He states that anyone on that APC who was not killed had to be wounded in some way and that there is no doubt in his mind that the applicant sustained some kind of injury in the blast.
7. The applicant also provided an undated eyewitness statement from his commanding officer at the time in question. He attests that the applicants APC encountered a very large mine and that once the mine blew all persons on the vehicle were thrown in different directions. He contends that split seconds later a rocket propelled grenade struck the applicants APC exploding the gas tank and virtually disseminating the track. He states that from what he witnessed that day there is no way anyone on that vehicle could escape without injure (sic) or death from the horrific explosion that occurred.
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 military medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the eyewitness statements provided by the applicant are not sufficient as a basis for award of the Purple Heart. Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ ___xx___ ___xx___ 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.
_ xxxxx__ ___
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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