IN THE CASE OF:
BOARD DATE: 23 September 2008
DOCKET NUMBER: AR20080012627
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 that he be awarded the Purple Heart for wounds that he received on 13 September 1967.
2. The applicant states that he believes Morning Reports will show that he and two other individuals in his platoon were wounded. He states that the other individuals got their awards of the Purple Heart; however, he did not.
3. The applicant provides in support of his application, a copy of his Consent for Release of Personal Records by Executive Agencies, dated 11 June 2008.
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 4 October 1966, the applicant enlisted in the Regular Army in Columbus, Ohio, for 3 years, in the pay grade of E-1. He successfully completed his training as a light weapons infantryman. He remained on active duty through a series of reenlistments and extensions.
3. The applicant was honorably retired under the provisions of Army Regulation 635-200, chapter 12, for length of service on 31 October 1987. The Certificate of Release or Discharge from Active Duty (DD Form 214) that he was furnished at the time of his retirement shows that he was awarded the Army Commendation Medal (Fifth Oak Leaf Cluster), the Army Good Conduct Medal (Sixth Award), the National Defense Service Medal, the Army Service Ribbon, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal w/Device 1960, the Republic of Vietnam Gallantry Cross w/Palm Unit Citation, the Combat Infantryman Badge, the Driver and Mechanic Badge/w Driver Bar, the Expert Marksmanship Qualification Badge (Rifle M-16), and the Army Achievement Medal.
4. A review of the available records, to include the Vietnam Casualty Listing, does not show the applicant was ever wounded as a result of hostile action by enemy forces while he was in the Army. Further review of the available records does not show that orders were ever published awarding him the Purple Heart for wounds that he contends that he received as a result of hostile action by enemy forces.
5. 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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. The applicants records do not support his contention that he is entitled to the award of the Purple Heart.
3. There are no orders contained in his official record awarding him the Purple Heart. The Vietnam Casualty Roster does not show that he is entitled to the award of the Purple Heart and the applicant has not submitted any evidence to the contrary. Therefore, in the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20080012627
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ABCMR Record of Proceedings (cont) AR20080012627
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