IN THE CASE OF:
BOARD DATE: 2 October 2008
DOCKET NUMBER: AR20080011201
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 that he believes he earned the Purple Heart while serving in Vietnam for actions during an ambush in September 1969. He contends that while participating in an ambush a hand flare detonated and lacerated his right anterior lower leg and that he was treated at an aid station.
3. The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge) and a 1969 service medical record.
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 was inducted on 11 December 1968. He served as a light weapons infantryman in Vietnam and was released from active duty on
13 July 1970.
3. The applicants DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Bronze Star Medal, the Air Medal, and the Army Commendation Medal as authorized awards.
4. There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.
5. The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant's name does not appear on the Vietnam Casualty Roster.
6. In support of his claim, the applicant provided a service medical record, dated 7 September 1969, which shows he was treated for a laceration on his anterior right lower leg. The medical record also states that he was injured when a hand flare accidentally detonated.
7. 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 military medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
Medical evidence of record shows the applicant was accidentally injured on
7 September 1969 in Vietnam, not as a result of hostile action. There is no evidence in the applicant's service personnel record which shows that he was wounded or injured as a result of hostile action in Vietnam. Regrettably, there is insufficient evidence on which to award the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___XX_____ ___XX_____ ____XX____ 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.
_______ XXXX_ _______ ___
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) AR20080011201
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ABCMR Record of Proceedings (cont) AR20080011201
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