IN THE CASE OF:
BOARD DATE: 11 December 2008
DOCKET NUMBER: AR20080014242
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.
2. The applicant states he was hospitalized with a head concussion requiring 12 stitches that has resulted in brain scarring, loss of hearing, severe headaches, and ringing in his ears. He believes he meets the criteria for award of a Purple Heart.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and five pages from his service medical records 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 in the Regular Army on 18 January 1968, completed training and was awarded military occupational specialty (MOS) 76P (Stock Control and Accounting Specialist).
3. The applicant served in Vietnam with the 53rd Supply Company from 17 June 1968 through 30 August 1968 and with United States Army Detachment Cam Ranh Bay (Company A, Troop Command, Provisional) from 1 September 1968 through 6 June 1969.
4. On 8 April 1969 the applicant received medical care after being hit in the head with a "cane." Treatment included closing his scalp with 12 sutures. The medical record does not indicate why he was hit or by whom. The remaining service medical records are for other nonrelated conditions.
5. A review of the Vietnam Casualty List failed to locate any reference to the applicant.
6. Block 40 (wounds) on the applicant's DA Form 20 is blank and the Purple Heart is not listed among his authorized awards.
7. Army Regulation 600-8-22 (Military Awards), paragraph 2-8 provides that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The record contains no documentation to support the applicant's implied contention that the head injury he sustained on 8 April 1969 was the result of hostile action. Without a record of treatment for a wound sustained as the result of enemy action entitlement to the Purple Heart cannot be established.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, 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.
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) AR20080014242
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