IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080014017
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 received wounds by punji sticks in May 1970 while serving in Vietnam.
3. The applicant provides a clinical record, dated 8 June 1970 and a Standard Form 88 (Report of Medical Examination), dated 28 July 1970, in support of his application.
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 enlisted on 2 May 1966 for a period of 3 years. He served as a supply clerk in Vietnam from 25 November 1966 through 24 November 1967 and he was honorably discharged on 15 February 1968 for immediate reenlistment.
3. The applicants DD Form 214 for the period ending 15 February 1968 does not show the Purple Heart as an authorized award.
4. The applicant reenlisted on 16 February 1968 for a period of 4 years. His DA Form 20 (Enlisted Qualification Record) shows he served as a unit supply specialist in Vietnam from 14 October 1968 through 12 April 1970. On
16 January 1972, he was released from active duty.
5. The applicants DD Form 214 for the period ending 16 January 1972 does not show the Purple Heart as an authorized award.
6. 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.
7. The applicant's DA Form 20 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.
8. In support of his claim, the applicant provided a clinical record, dated 8 June 1970, which shows he was treated for a punji stick wound to his left ankle. This record shows that his ankle condition was present for one month. He also provided a Standard Form 88, dated 28 July 1970, which states the applicant received a punji stick wound in Vietnam in May 1970.
9. 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:
Since the preponderance of evidence shows the applicant departed Vietnam on 13 April 1970, the medical documentation provided by the applicant which shows he received a punji stake wound in May 1970 in Vietnam is insufficient as a basis for award of the Purple Heart. There is no evidence of record which shows that
he was wounded or treated for wounds as a result of hostile action in Vietnam. Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case.
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) AR20080014017
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ABCMR Record of Proceedings (cont) AR20080014017
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