IN THE CASE OF:
BOARD DATE: 21 August 2008
DOCKET NUMBER: AR20080008506
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 for wounds he suffered in combat in the Republic of Vietnam.
2. The applicant states, in effect, that he was not awarded the Purple Heart because his wounds were from friendly fire. The applicant continues that Desert Storm Veterans are awarded the Purple Heart due to friendly fire.
3. The applicant notes that he has a claim with the Department of Veterans Affairs but does not provide any additional documentation.
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. After having had prior enlisted service he was appointed a Warrant Officer in the United States Army Reserve (USAR) and entered active duty on 17 November 1969 in military occupational specialty 100B (Pilot).
3. The applicant's DD Form 214, dated 25 December 1970 shows he was honorably released from active duty and transferred to the United States Army Reserve Control Group (Annual Training) to complete his remaining service obligation. The applicant's DD Form 214 during this period of service shows he completed a total of 1 year, 1 month, and 9 days of creditable Federal Military Service and the highest rank he attained was CW2.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show he was awarded the Purple Heart.
5. The applicant's DA Form 66 (Officer Qualification Record) shows in item 17 (Foreign Service) that he served a tour of duty in the Republic of Vietnam during the period 31 December 1969 through 20 December 1970.
6. Item 21 (Awards and Decoration) of the applicant's DA Form 66 does not show he was awarded the Purple Heart.
7. There are no general orders in the available records which show the applicant was awarded the Purple Heart.
8. There are no medical records in the applicant's official military personnel file nor has the applicant provided records to show he sustained wounds as a result of friendly fire or to show he was treated for wounds sustained as a result of friendly fire.
9. A review of the Republic of Vietnam Casualty Files does not show the applicant's name listed among those wounded.
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 a medical officer, and the medical treatment must have been made a matter of official record. This regulation also provides that there are no time limitations on requests for award of the Purple Heart.
11. Army Regulation 600-8-22 provides, in pertinent part, for award of the Purple Heart to individuals wounded or killed as a result of friendly fire in the heat of battle as long as the friendly projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to award of the Purple Heart.
2. There is no evidence in his available records which shows he was wounded or injured either as a result of hostile action by friendly fire in the heat of battle. His name does not appear on the Republic of Vietnam Casualty Files. Therefore, he is not entitled to the award of the Purple Heart.
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) AR20080008506
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ABCMR Record of Proceedings (cont) AR20080008506
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