IN THE CASE OF:
BOARD DATE: 06 NOVEMBER 2008
DOCKET NUMBER: AR20080014337
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 his Report of Transfer or Discharge (DD Form 214) be corrected to show that he was awarded the Purple Heart.
2. The applicant states that he was wounded in April of 1968 and that he got medical treatments for his wounds in Red Beach, Danang. He states that his DD Form 214 does not reflect anything about a Purple Heart.
3. The applicant provides in support of his application, a copy of his DD Form 214.
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 was inducted into the Army in Anderson, South Carolina, on 12 July 1966. He was honorably discharged on 15 July 1966, for the purpose of enlistment in the Army.
3. Accordingly, he enlisted in the Army on 16 July 1966 and he successfully completed his training as an aircraft engineer repairman. He was transferred to Vietnam on 26 May 1967 and he was assigned to Company A, 15th TC Battalion, 1st Cavalry Division (Airmobile) on 3 July 1967.
4. A review of the applicants records does not show that he was wounded as a result of hostile action while he was in Vietnam.
5. The applicant returned to the Continental United States on 29 June 1968 and he was assigned to Company B, 724th Maintenance Battalion, at Fort Riley, Kansas.
6. The applicant was honorably released from active duty (REFRAD) on 15 July 1969, at the expiration of his term of service and he was transferred to the United States Army Reserve to complete his Reserve obligation. The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal w/Device 1960, the Vietnam Service Medal, two Overseas Service Bars, the Army Commendation Medal and the Marksman Marksmanship Qualification Badge w/Rifle Bar.
7. A review of the Vietnam Casualty Roster does not show that the applicant was wounded as a result of hostile action while he was in the Army.
8. 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. A review of the available records does not show that the applicant was wounded as a result of hostile action while he was in the Army.
2. The Vietnam Casualty Roster does not show he was wounded as a result of hostile action while he was in the Army.
3. The applicant has provided no evidence to support his contention that he was wounded as a result of hostile action in April 1968 and in the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.
4. 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.
5. In view of the foregoing, there is no basis for granting the applicants 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.
_______ _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.
ABCMR Record of Proceedings (cont) AR20080014337
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ABCMR Record of Proceedings (cont) AR20080014337
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