IN THE CASE OF:
BOARD DATE: 19 August 2008
DOCKET NUMBER: AR20080009380
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 award of the Purple Heart.
2. The applicant states he was wounded in Vietnam and was offered the Purple Heart, but didn't take it.
3. The applicant provides a memorandum to the Department of Veterans Affairs (VA).
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's records show he enlisted in the Regular Army for 3 years on 26 March 1968. Following Basic Combat Training at Fort Benning, GA, he was sent to Fort Jackson, SC for training in military occupational specialty (MOS) 76Y, Supply Specialist. He was awarded MOS 76Y on/about 16 August 1968.
3. The applicant's records show he served in Vietnam from on/about 27 June 1969 to on/about 25 June 1970. He was assigned to Headquarters and Headquarters Company, Special Troops, US Army Vietnam.
4. There is no evidence in the applicant's records to support his entitlement to the Purple Heart:
a. There are no orders awarding him the Purple Heart.
b. His DA Form 20 (Enlisted Qualification Record) has no entry in Item 40 (Wounds), nor is the Purple Heart listed in Item 41 (Awards and Decorations).
c. His separation medical records make no reference to a wound and the applicant states on SF 89 (Report of Medical History) that he was in good health and did not list any injuries in Item 33.
5. The applicant's name does not appear on the Vietnam Casualty List. Also, a review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973, fails to reveal any Purple Heart orders on file for the applicant.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment by medical personnel; and (3) the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the Purple Heart.
2. There is no evidence in the applicant's records or on file in Army databases to support awarding him the Purple Heart.
3. Although the applicant's request cannot be supported, the applicant and all others concerned should know that this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20080009380
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ABCMR Record of Proceedings (cont) AR20080009380
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