IN THE CASE OF:
BOARD DATE: 15 October 2008
DOCKET NUMBER: AR20080011595
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, in effect, that he served with the 3rd Platoon of C Company, 3rd Battalion, 22nd Infantry in the Republic of Vietnam, and that in June 1970, the platoon came under small arms fire and rocket propelled grenade (RPG) fire and as a result, he was wounded in his right leg with shrapnel. The medical specialist initially bandaged him up and upon his return to base, he went to the aid station and had the wound cleaned up. It took 3 months for his wound to heal.
3. The applicant provides an undated, self-authored statement in support of his request.
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 record shows that he was inducted into the Army of the United States on 19 June 1969. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantry). He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 18 June 1971. The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.
3. The applicants record shows he served in the Republic of Vietnam from 16 November 1969 to 2 November 1969. He was assigned to Company C, 3rd Battalion, 22nd Infantry, 25th Infantry Division (Light).
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicants DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, the Air Medal, the Good Conduct Medal (1st award), the Army Commendation Medal (1st Oak Leaf Cluster), the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster), the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). Item 24 does not show award of the Purple Heart.
5. Item 40 (Wounds) of the applicants DA Form 20 (Enlisted Qualification Record) shows a blank entry.
6. The applicant's name is not shown on the Vietnam Casualty Roster.
7. The applicant's medical records are not available for review with this case.
8. There are no general orders in the applicant's records that show he was awarded the Purple Heart.
9. During the processing of this case, a member for the Board staff reviewed 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. This review failed to reveal any Purple Heart orders on file for the applicant.
10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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:
There are no general orders that show the applicant was awarded the Purple Heart; there is no evidence in his service personnel records that shows that he was wounded or injured as a result of hostile action or treated for such wounds; and the applicant's name is not listed on the Vietnam Casualty Roster. In the absence of documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ __X_____ __X______ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
XXX
_______ _ _______ ___
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.
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