IN THE CASE OF:
BOARD DATE: 15 January 2009
DOCKET NUMBER: AR20080015507
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, in effect, that his records be corrected to show the award of the Purple Heart.
2. The applicant states that he received combat injuries to his left hand while in the Republic of Vietnam. He states that he should have been issued the Purple Heart, but he never received it and that it is vital his records be corrected to show the Purple Heart.
3. The applicant provides a notarized witness statement dated 10 June 2008 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 military personnel record shows he enlisted in the Regular Army on 29 September 1967. He completed the necessary training and was awarded military occupational specialty (MOS) 63C (General Vehicle Repairman).
3. He served with Company B, 4th Supply and Transportation Battalion,
4th Infantry Division in the Republic of Vietnam during the period 20 February 1969 to 8 February 1970.
4. He was honorably released from active duty on 28 September 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 3 years of active service.
5. The applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the award of the Purple Heart.
6. The notarized witness statement that the applicant submitted states that he (the applicant) was injured by a piece of shrapnel in the palm of his left hand under his thumb on or about 15 May 1969 at Camp Enari, Vietnam while serving with Company B, 4th Supply and Transportation Battalion, 4th Infantry Division.
7. The applicant's available medical record does not show that he sustained shrapnel wounds in the palm of his left hand under his thumb as result of hostile action.
8. A review of the Republic of Vietnam Casualty Files does not show the applicant's name listed among those wounded.
9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 contends that his record should be corrected by awarding the Purple Heart.
2. There is no evidence in the applicant's records which show he was wounded or injured by shrapnel to the palm of his left hand under his thumb as a result of hostile action or that he was treated by a medical officer and the medical treatment was made a matter of official record. Additionally, his name does not appear on the Republic of Vietnam Casualty Files.
3. The notarized witness statement that the applicant submitted is noted. However, given the lack of corroborating evidence to show that the applicant received medical treatment and that the treatment was made a matter of official record, the statement alone is insufficient to warrant 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 to award the Purple Heart.
_________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) AR20080015507
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ABCMR Record of Proceedings (cont) AR20080015507
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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