IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080009042
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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart.
2. The applicant states that he was wounded in the Republic of Vietnam and would like to have the Purple Heart to show his children.
3. The applicant provides a notarized statement with his signature and signatures of two witnesses.
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. On 14 March 1968, the applicant was inducted into the Army of the United States. He completed his initial training and was awarded military occupational specialty (MOS) 11E (Armor Crewman).
3. The applicant served in the Republic of Vietnam from on or about
10 September 1968 to 24 August 1969. He performed duty as a loader with the 2nd Battalion, 34th Armored Regiment, 1st Infantry Division.
4. On 13 March 1970, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training). He had attained the rank of specialist five, pay grade E-5, and had completed
2 years of active service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal [with Device (1960)], and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16). It does not show award of the Purple Heart.
6. There is no available evidence in the applicants records or on the Awards and Decorations Computer Assisted Retrieval System (ADCARS) showing that he was awarded a Purple Heart.
7. The applicants name is not listed on the Vietnam Casualty Roster.
8. Item 40 (Wounds) of the applicants Enlisted Qualification Record (DA Form 20) is blank. Item 41 (Awards and Decorations) of this same form does not show award of the Purple Heart.
9. Standard Form 88 (Report of Medical Examination) and Standard Form 89 (Report of Medical History), both dated 10 February 1970, show that he applicant was in excellent health at that time. Neither form makes any mention of his having received any wounds during his service in the Republic of Vietnam, or that he had any scars or other physical evidence of having received an injury.
10. Army Regulation 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.
11. The notarized statement provided by the applicant states, in effect, that he was wounded by shrapnel during the July/August 1969 period. Two former comrades have signed the form indicating that they were witnesses to the applicant being wounded.
DISCUSSION AND CONCLUSIONS:
1. There are no general orders that show the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam Casualty Roster. There is no medical evidence showing that he received a wound or that he ever received medical treatment for any such wound. The evidence provided by the applicant is not sufficient in that there is no corroborating evidence of record showing that the applicant received any medical treatment for wounds received in action.
2. In view of the above, the applicants request should be denied.
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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080009042
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