IN THE CASE OF:
BOARD DATE: 23 October 2008
DOCKET NUMBER: AR20080014028
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 his records are not annotated nor was he awarded a Purple Heart after being stabbed in June 1972, while assigned to the Republic of Vietnam (RVN).
3. The applicant provided a copy of his DD Form 214 (Armed Forces of the United States Transfer or Discharge), a copy of his Corporate Award and Rating Data showing service and non service-connected disabilities, a self-authored statement, and a statement from his sister 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's DD Form 214 shows that he enlisted in the Regular Army on
31 August 1970. He was awarded the military occupational specialty (MOS)
76P (Stock Control and Accounting Specialist). The highest rank he attained while serving on active duty was Private First Class (PFC)/E-3.
3. The applicant's Enlisted Qualification Record (DA Form 20) shows that he served in the Republic of Vietnam (RVN) from 18 July 1971 to 25 June 1972 and that during his RVN tour he was assigned to the 723rd Maintenance Battalion, performing duties in MOS 76P.
4. Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he earned the Vietnam Service Medal (VSM), the National Defense Service Medal (NDSM), the Republic of Vietnam Campaign Medal (RVNCM) with Device (1960), two Overseas Service Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). Item 41 does not show award of the Purple Heart. Item 42 (Remarks) of the applicants DA Form 20 (Service Record) does not show any entries for wounds received.
5. On 26 June 1972, the applicant was discharged from active duty after serving a total of 1 year, 9 months, and 26 days of active military service.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show award of the Purple Heart.
7. The Vietnam Casualty Roster does not list the applicant as wounded by hostile forces. There are no general orders that show the applicant was awarded the Purple Heart. There is no evidence in the available records which show that the applicant sustained injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.
8. The applicant submitted a copy of his Corporate Award and Rating Data dated 1 June 1993, that shows the applicant's diagnosis of "residuals, stab wound, left chest area" were service-connected.
9. The applicant submitted a personal statement which states that his first sergeant (1SG) stabbed him while he was assigned to the RVN.
10. The applicant submitted a notarized statement from Ms. R_____ B. S____, who states that the applicant told her stories of how and when he was stabbed in the RVN by his 1SG.
11. 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. The applicant's contentions that he is entitled to award of the Purple Heart and his statements were carefully considered and found to be without merit.
2. There are no general orders that show the applicant was awarded the Purple Heart. There is no evidence in his service personnel record which shows that he was wounded or injured as a result of hostile action or treated for such wounds. The applicant is not listed on the Vietnam Casualty Roster. In the absence of such evidence, there is insufficient basis to grant award of the Purple Heart.
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) AR20080014028
2
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