IN THE CASE OF:
BOARD DATE: 18 November 2008
DOCKET NUMBER: AR20080014396
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 was injured by shrapnel from an M-79 grenade launcher in the Vietnam War.
3. The applicant provides no additional evidence 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 3 August 1964 for a period of 3 years. He served as a light weapons infantryman and was honorably discharged on 13 June 1965 for immediate reenlistment. He reenlisted on 14 June 1965 for a period of 3 years.
He served in Vietnam from 6 October 1966 through 1 October 1967 and was released from active duty on 14 June 1968 and transferred to the U.S. Army Reserve (USAR) Control Group (Standby Reserve) to complete his remaining military service obligation.
3. The applicants DD Form 214 (Report of Transfer or Discharge) for the period ending 14 June 1968 does not show the Purple Heart as an authorized award.
4. 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.
5. The applicant's DA Form 20 (Enlisted Qualification Record) 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.
6. On 10 May 1968, the applicant underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam. His Standard Form 89 (Report of Medical History) does show that he received a gunshot wound to his second toe on his left foot in an RVN [Vietnam] accident and that he had surgery on his left leg from shrapnel.
7. 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:
Medical evidence of record shows the applicant was accidentally injured in Vietnam, not as a result of hostile action. There is no evidence in the applicant's service personnel record which shows that he was wounded or injured as a result of hostile action in Vietnam. Regrettably, there is insufficient evidence on which to award 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.
_________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.
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ABCMR Record of Proceedings (cont) AR20080014396
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