IN THE CASE OF:
BOARD DATE: 2 October 2008
DOCKET NUMBER: AR20080011400
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 never received his Purple Heart. In May or June of 1966, a mine blew up in his face. It knocked him crazy and killed the driver. It blew trash and dirt in his eyes and face. He lost part of his hearing. He underwent eye surgery at Fort Polk, LA.
3. The applicant provides a Standard Form 180 (Request Pertaining to Military Records).
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 into the Army on 3 September 1965. He completed basic combat training and advanced individual training and was awarded military occupational specialty 12A (Pioneer).
3. The applicants unit, Company A, 65th Engineer Battalion, arrived in Vietnam on 26 February 1966.
4. The applicants service medical records are not available. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he arrived at Fort Polk, LA, as a patient on 17 December 1966.
5. The applicant was honorably released from active duty on 2 September 1967 after completing 2 years of creditable active service with no lost time. His DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal with device (1960), the Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with Rifle bar.
6. The applicants separation physical examination is not available. His name is not listed on the Vietnam Casualty Roster. Item 40 (Wounds) of his DA Form 20 does not show he was wounded.
7. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
Unfortunately, the applicants service medical records are not available and there is no other evidence of record to indicate that he was wounded in action. Regrettably, therefore, there is insufficient evidence that would warrant correcting his records to show he was awarded 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) AR20080011400
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ABCMR Record of Proceedings (cont) AR20080011400
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