IN THE CASE OF:
BOARD DATE: 6 January 2009
DOCKET NUMBER: AR20080015858
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 records be corrected to show award of the Purple Heart.
2. The applicant states he was wounded twice and treated at a field medical station in Cho Din. The first wounds were shrapnel wounds to his hands and arm. He was wounded three or four weeks later when he stepped on a pungi stick. He does not know why these wounds are not recorded in his medical records or on his DD Form 214 (Report of Transfer or Discharge).
3. The applicant provides no supporting documentation.
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 records show that he enlisted in the Regular Army on 25 August 1964, completed training, and was awarded military occupational specialty (MOS) 94B (Cook). He was later awarded MOS 11C (Infantry Indirect Fire Crewman).
3. After initially serving with Detachment Number 1, 2nd Student Battalion at Fort Benning, Georgia, he was reassigned on post to Headquarters and Headquarters Company, 3rd Battalion, 7th Infantry Regiment, 199th Infantry Brigade on 24 October 1966 and served in MOS 94B as a First Cook. This unit made a permanent change of station move to the Republic of Vietnam on 22 December 1966.
4. On 5 January 1967, the applicant was reassigned to Company E, 3rd Battalion, 7th Infantry Regiment, and initially served as the First Cook in MOS 94B. However, on 21 March 1967, he changed duties and served as an Ammunition Bearer in MOS 11C. He returned to the continental United States on 3 August 1967 and was honorably released from active duty on this date.
5. The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with M-14 Rifle Bar and M-16 Rifle Bar.
6. His service medical records are not available and are probably on indefinite loan to the Department of Veterans Affairs.
7. Block 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record) is blank.
8. A review of the Vietnam Casualty List failed to locate any reference to the applicant.
9. A DD Form 215 (Correction to DD Form 214) issued on 28 August 2007 shows that he was also awarded the Combat Infantryman Badge.
10. A recent ABCMR decision updated the applicant's authorized awards to include the Bronze Star Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16).
11. 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:
The record contains no documentation to support the applicant's contention that he received wounds that were 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.
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) AR20080015858
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ABCMR Record of Proceedings (cont) AR20080015858
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