IN THE CASE OF:
BOARD DATE: 18 December 2008
DOCKET NUMBER: AR20080016914
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 wounded on 7 March 1969 by fragments from incoming mortar fire. Another Soldier saw the fragment sticking out of his back and removed it. He was never treated. After he returned from Vietnam he abused substances heavily to forget about the war. Only recently, he has gone to the Department of Veterans Affairs (VA) for help with his addiction problems. An x-ray by the VA showed he has cancer and a retained fragment. He did not even remember the 7 March 1967 incident until then.
3. The applicant provides copies of his final DD Form 214 (Report of Separation from Active Duty), a DA Form 1577 (Authorization for Issuance of Awards), and the citation for his Bronze Star Medal with "V" Device for heroism in action on 7 March 1967.
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 served briefly in the Army National Guard and completed his initial active duty for training. He then enlisted in the Regular Army and entered active duty on 4 December 1964. He reenlisted on 28 January 1967.
3. He served in Vietnam from 14 August 1968 until 3 August 1969. First Field Force, Vietnam, issued General Orders Number 358, dated 28 April 1969, awarding the applicant the Bronze Star Medal with "V" Device for exceptional heroism on 7 March 1969. The applicant repeatedly exposed himself to enemy fire while defending and directing others in defending their fire support base which was under attack. The citation does not mention that he was wounded.
4. He reenlisted again on 29 October 1969. On 21 January 1976 the applicant was separated with an honorable discharge upon the completion of his required service. He had a total of 11 years, 4 months, and 11 days of active duty service and 85 days of lost time due to absence without leave.
5. Item 26 (Decorations Medals Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his authorized awards as the Bronze Star Medal with "V" Device, National Defense Service Medal, Good Conduct Medal (2nd Award), Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Pistol Bar.
6. There is no entry in item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record). His name does not appear on the Vietnam Casualty Roster.
7. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart.
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. There is no available evidence to show that the applicant was awarded the Purple Heart or that he was treated for a wound that was sustained as the result of enemy action.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. There is no documentation to support the requested relief.
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) AR20080016914
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ABCMR Record of Proceedings (cont) AR20080016914
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