IN THE CASE OF:
BOARD DATE: 30 September 2008
DOCKET NUMBER: AR20080010046
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 with Oak Leaf Cluster to denote two awards of the Purple Heart for wounds sustained while serving in the Republic of Vietnam.
2. The applicant states, in effect, that he was wounded during March by enemy small arms fire and he continued his mission and tended to his wound by applying a large banana like leaf and cleaning it at each river crossing. He suffered no serious consequences and the wound was not reported. In November 1966, he was again wounded by enemy small arms fire. He was hit in the left arm. The wound was not serious. The wound hurt but it was forgotten during his evasion and escape from the ambush site. Once he had cleaned his weapons and changed to dry clothes, he applied a salve to the wound. He knows of no report of the incident and he did not make a claim for a Purple Heart.
3. The applicant provides a letter of support from a former comrade.
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 6 June 1954, the applicant was appointed as a second lieutenant, United States Army Reserve. He was promoted to the rank of first lieutenant on
26 April 1957 and subsequently was transferred to the Army National Guard. He continued to serve in a variety of assignments and was promoted through the ranks to colonel, pay grade O-6. On 31 October 1979, he retired for length of service. He had completed 20 years, 2 months, and 25 days of creditable active duty service.
3. On 12 February 1966, the applicant was assigned duty with B Company, 5th Special Forces Group, 1st Special Forces, in the Republic of Vietnam.
4. On 31 January 1967, the applicant returned to the United States. There is no available evidence of record showing that he was wounded during his tour of duty in the Republic of Vietnam.
5. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's Certificate of Release or Discharge from Active Duty (DD Form 214), lists his awards as the National Defense Service Medal, Air Medal, Bronze Star Medal, Legion of Merit, Meritorious Service Medal, Joint Service Commendation Medal, Army Commendation Medal, Presidential Unit Citation, Armed Forces Reserve Medal with Hour Glass Device, Vietnam Service Medal, Ranger Tab, Master Parachutist Badge, Combat Infantryman Badge, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Parachutist Badge, Persian Parachutist Badge, and the Persian Freefall Parachutist Badge. 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 the Purple Heart.
7. The applicants name is not listed on the Vietnam Casualty Roster.
8. The applicants service medical records are not available for review.
9. 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, and the medical treatment must have been made a matter of official record.
10. The letter of support provided by the applicant, dated 8 March 2008, written by a former comrade of the applicant, states, in part, that the applicant was wounded by enemy rifle fire. It was a minor wound that was given medical treatment. The wound was never reported and he did not receive a Purple Heart.
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. While the letter of support reports that he was wounded as a result of enemy rifle fire, it is not sufficient evidence by itself upon which to base a correction of his records.
2. In view of the above the applicant's request for award of the Purple Heart 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) AR20080010046
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