IN THE CASE OF:
BOARD DATE: 21 OCTOBER 2008
DOCKET NUMBER: AR20080006625
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.
2. The applicant states that on or about 17 January 1968, while assigned to 2d Battalion, 11th Artillery Regiment in Bien Hoa, he was assigned to guard duty during the week of the TET Offensive. He goes on to state that during that week they received mortar and rocket attacks by the enemy and on one night an ammunition depot was hit and numerous pieces of shrapnel and debris were spread over the compound. He continues by stating that the next morning they were instructed to pick up debris around their bunkers and one of the pieces he picked up looked like the end of an exploded artillery shell and detonated in his hand when he picked it up. He further states that his hand was treated by an Army Corpsman and with follow-up treatment for 6 to 8 weeks thereafter for removal of packing and small pieces of debris; however, he was not awarded the Purple Heart.
3. The applicant provides four pictures, one which appears to be an artillery projectile and three showing a Soldier (presumably the applicant) with a bandaged left hand.
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 was born on 29 July 1947 and enlisted in Louisville, Kentucky, on 10 August 1967 for a period of 3 years and training in the automotive repair career management field.
3. He completed his basic combat training at Fort Knox, Kentucky, and was transferred to Aberdeen Proving Ground, Maryland, to undergo his advanced individual training (AIT) as a wheel vehicle mechanic.
4. He completed his AIT and was transferred to Vietnam on 12 January 1968 for assignment to the 11th Artillery Regiment. He was advanced to the pay grade of E-4 on 16 April 1968.
5. He departed Vietnam on 10 January 1969 and was transferred to Fort Campbell, Kentucky. He was promoted to the pay grade of E-5 on 26 June 1969.
6. On 29 January 1970, he was transferred to Germany. However, he only remained there until 7 April 1970, when he was transferred to Fort Knox. He remained at Fort Knox until 7 August 1970, when he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS). He had served 2 years, 11 months and 28 days of total active service and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.
7. A review of the available records, to include the Vietnam Casualty Listing, fails to show any evidence that the applicant was wounded as a result of enemy action, that he was treated by medical personnel and that the treatment was made a matter of record, or that he was reported as a casualty.
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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was injured as a result of enemy action and that he was treated for those injuries is not in doubt, there simply is no evidence in the available records to support his claim and the photos submitted by the applicant are not sufficient in themselves to establish his claim.
2. Therefore, in the absence of medical evidence to establish that he was injured as a result of enemy action and was treated for such injuries, there is no basis to award him the Purple Heart at this time.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. In view of the foregoing, there is no basis for granting relief to the applicant in this case.
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.
_________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) AR20080006625
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ABCMR Record of Proceedings (cont) AR20080006625
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