IN THE CASE OF:
BOARD DATE: 10 February 2009
DOCKET NUMBER: AR20080017035
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 correction of his records to show award of the Purple Heart.
2. The applicant states, in effect, that he should have been awarded the Purple Heart for wounds suffered in combat in the Republic of Vietnam. He argues that the Department of Veterans Affairs found evidence of a shell fragment injury. He concludes that he declined the award because many other Soldiers were more severely injured and he did not think he deserved the award.
3. The applicant provides a one-page statement from the Veterans Appeals Board, a Meritorious Unit Commendation award citation for the 93rd Engineer Battalion (Construction), and a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of this 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 in the Regular Army on 8 December 1967 and successfully completed basic training and advanced individual training. Upon completion of training, he was awarded military occupational specialty 51B (Carpenter).
3. On 27 May 1968, the applicant arrived in the Republic of Vietnam and was assigned to B Company, 93rd Engineer Battalion (Construction). On 13 August 1969, he was reassigned to B Company, 69th Engineer Battalion (Construction). He departed the Republic of Vietnam on 22 May 1969. He arrived in the Republic of Vietnam for a second tour of duty on 18 October 1969 and was assigned to B Company, 815th Engineer Battalion (Construction). He departed the Republic of Vietnam on 13 October 1970. He was honorably released from active duty on 14 October 1970.
4. Block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart.
5. There are no orders in the applicant's service personnel records which show he was awarded the Purple Heart. There is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations). The applicant's name is not listed on the Vietnam casualty roster.
6. The applicant provided a one-page statement from the Veterans Appeals Board which states, in part, that there are two service medical records dated July 1968 associated with a fragment wound of the calf of the veteran's right leg. The records indicate that the applicant asserts that he stepped on a mine while on guard duty which apparently exploded and his right leg received a sharp metal fragment. These medical records were not provided for review with this case.
7. The applicant also provided an award citation which shows the 93rd Engineer Battalion was awarded the Meritorious Unit Commendation for operations in the Republic of Vietnam during the period 1 February 1968 to 30 September 1968.
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 military medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his records should be corrected to show award of the Purple Heart has been carefully considered and found to be without merit.
2. There is no evidence in the available records which show the applicant was wounded or injured as a result of hostile action in the Republic of Vietnam. Without corroborating evidence such as orders or other evidence of record showing that the applicant was injured or treated for any wounds as a result of hostile action in the Republic of Vietnam, the statement from the Veterans Appeals Board provided by the applicant is not sufficient as a basis for an award of the Purple Heart. Regrettably, there is insufficient evidence on 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.
____________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) AR20080017035
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ABCMR Record of Proceedings (cont) AR20080017035
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