IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080007264
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, that he be awarded the Purple Heart.
2. The applicant states, in effect, that he should be awarded the Purple Heart due to actions that awarded him the Bronze Star Medal. He states, in effect, that he was wounded due to combat action on 27 April 1968, in the Battle of CNV Moor Mountain.
3. The applicant provides a copy of General Orders Number 4168, dated 26 July 1968, awarding him the Army Commendation Medal, for heroism, and a copy of Special Orders Number 352, dated 17 December 1968, promoting him to Sergeant, in support of his request.
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 in the Army of the United States in the grade of Private/E1, on 19 June 1967. He completed basic combat training at Fort Knox, Kentucky, and advanced individual training at Fort McClellan, Alabama. Upon completion of training he was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicant served in Vietnam from 21 November 1967 through
19 November 1968, with Company A, 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division.
4. The applicant was honorably released from active duty, on 18 June 1969, in the rank and pay grade of Sergeant, E-5. On the date he was released from active duty, he had completed 2 years of active military service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), of the applicants DD Form 214, shows he was awarded the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Army Commendation Medal; the National Defense Service Medal; and the Marksman Marksmanship Qualification Badge with Rifle Bar (Rifle). The Purple Heart is not shown on his DD Form 214.
6. There is no entry in Item 40 (Wounds), of the applicants DA Form 20 (Enlisted Qualification Record) to show that he received a wound in action by a hostile force.
7. Item 41 (Awards and Decorations), of the applicants DA Form 20, does not show that he was awarded the Purple Heart.
8. There are no orders in the applicants military personnel records awarding him the Purple Heart.
9. The applicants name does not appear on the Vietnam Casualty List.
10. AR 600-8-22 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. To be awarded the Purple Heart, substantiating evidence must be provided to verify that a wound was received as a result of enemy action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. The applicant alleges he was wounded on 27 April 1968 during a combat action, while serving in the Republic of Vietnam.
3. There is no entry in Item 40 (Wounds), of the applicant's DA Form 20, to show he received a wound in action against a hostile force. There is no entry in Item 41, of the DA Form 20, to show he was awarded the Purple Heart.
4. There are no orders in the applicant's military personnel records awarding him the Purple Heart.
5. The applicants name does not appear on the Vietnam Casualty List.
6. Based on available evidence and the lack of corroborating evidence to support the applicants allegation that he was wounded in action by a hostile enemy, he is not entitled to award of the Purple Heart and to have it added to his DD Form 214.
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) AR20080007264
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ABCMR Record of Proceedings (cont) AR20080007264
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