IN THE CASE OF:
BOARD DATE: 18 September 2008
DOCKET NUMBER: AR20080007156
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, in effect, award of the Purple Heart.
2. The applicant states, in effect, that he was wounded while assigned to the Republic of Vietnam (RVN). He also states, in effect, that he asked about being awarded the Purple Heart but was laughed at.
3. The applicant submitted a self-authored statement and a copy of a picture 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 applicants records show that he was inducted into the Army of the United States on 14 June 1954. He completed basic combat and advanced individual training. The applicant was honorably released from active duty and transferred to the United States Army Reserve on 11 June 1956. After a break in service from 12 June 1956 to 26 November 1963, the applicant enlisted in the Regular Army on 27 November 1963 for a period of 3 years. He completed a second basic and advanced individual training and was awarded military occupational specialty (MOS) 54C (Smoke Generator Specialist). He was honorably discharged on 16 September 1965, after completing 1 year, 9 months, and
20 days of active duty service this period.
3. He immediately reenlisted on 17 September 1965 for a period of 3 years in MOS 67W (Helicopter Technical Inspector). He served in the Republic of Vietnam (RVN) from 10 August 1966 to 2 August 1967, performing duties in MOS 67N, Crew Chief. He was honorably discharged on 16 June 1968. His DD Form 214 for this period shows that he received the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Aircraft Crewman Badge, Overseas Service Ribbon, Air Medal with 3 oak leaf clusters, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). This DD Form 214 does not show award of a Purple Heart.
4. He immediately reenlisted on 17 June 1968 for a period of 3 years. He served a second tour in the RVN from 18 March 1969 to 11 March 1970. His service was continuous until his honorable discharge on 13 November 1977. His DD Form 214 for this enlistment shows he received the National Defense Service Medal, Armed Forces Expeditionary Medal, Vietnam Service Medal, Parachutist Badge, Air Medal with 14th oak leaf cluster and with V Device, Aircraft Crewman Badge, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, four Overseas Service Bars, the Good Conduct Medal (4th award), the Republic of Vietnam Gallantry Cross with Palm Device, Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). This DD Form 214 does not show that he was awarded a Purple Heart
5. Section 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 does not show award of the Purple Heart.
6. The applicant submitted a self-authored statement in support of his application.
7. The applicant submitted a copy of a picture of a Soldier with a bandage covering his right eye.
8. There are no orders in the applicants service personnel record which show that he was awarded the Purple Heart.
9. The applicant's name is not listed on The Adjutant General Casualty Division's Vietnam Casualty Roster, as being wounded in action as a result of hostile action.
10. 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. The applicant contends that he is entitled to correction of his record to show award of the Purple Heart.
2. There are no general orders that show the applicant was awarded the Purple Heart. There is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds. The applicant is not listed on the Vietnam Casualty Roster. The applicants statement alone does not provide an eyewitness account of how he applicant was injured. In the absence of such evidence, there is insufficient basis to grant award of the Purple Heart 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.
___________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.
ABCMR Record of Proceedings (cont) AR20080007156
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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