IN THE CASE OF:
BOARD DATE: 30 DECEMBER 2008
DOCKET NUMBER: AR20080016691
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 hit with shrapnel in his knees as a result of hostile fire, when the helicopter he was riding was shot down on 16 February 1968 in the Republic of Vietnam.
3. The applicant provided a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 4 July 1953, and a self-authored letter, dated 21 December 2007, 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 records show he was inducted into the Army of the United States on 17 August 1967. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver). He was honorably discharged and transferred to the U.S. Army Reserve Control Group (Annual Training) on 20 June 1969. The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.
3. The applicants records also show he served in the Republic of Vietnam from 17 January 1968 to 19 November 1968. He was assigned as a door gunner to Headquarters and Headquarters Troop, 1st Squadron, 1st Air Cavalry.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Air Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Vietnam Campaign Medal. Item 24 does not show award of the Purple Heart.
5. Item 40 (Wounds) of the applicants DA Form 20 (Enlisted Qualification Record) shows a blank entry.
6. The applicant's name is not shown on the Vietnam Casualty Roster.
7. The applicant's medical records are not available for review with this case.
8. There are no general orders in the applicant's records that show he was awarded the Purple Heart.
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. This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
There are no general orders that show the applicant was awarded the Purple Heart and there is no evidence in his service personnel records that shows that he was wounded or injured as a result of hostile action or treated for such wounds. In the absence of documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.
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) AR20080016691
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ABCMR Record of Proceedings (cont) AR20080016691
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