IN THE CASE OF:
BOARD DATE: 21 January 2009
DOCKET NUMBER: AR20080017264
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 military records to show that he was wounded in action during his service in the Republic of Vietnam and is eligible for award of the Purple Heart.
2. The applicant states that he was wounded in combat in 1966 and is eligible for award of the Purple Heart.
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. On 4 February 1964, the applicant enlisted in the Regular Army for 4 years. He completed his initial training and was awarded military occupational specialty 11E (Armor Crewman).
3. On or about 29 July 1964, the applicant was assigned for duty in the Republic of Korea. The available service records do not provide any specific information regarding this assignment other than he departed the Republic of Korea on or about 12 July 1965.
4. On or about 13 November 1966, the applicant was assigned for duty in the Republic of Vietnam. He served in this theater until his departure on or about
20 January 1967. His service records do not provide any specific information regarding his assigned duties while serving in the Republic of Vietnam.
5. On 23 January 1967, the applicant was discharged as an overseas returnee. He had attained the rank of sergeant, pay grade E-5, and had completed a total of 2 years, 11 months, and 19 days of creditable active duty service.
6. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), effective 23 January 1967, lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars. It does not show award of the Purple Heart.
7. On or about 30 August 1967, the applicant reenlisted in the Regular Army. He served through a series of assignments and reenlistments until his retirement for length of service on 31 August 1986. He had attained the rank of master sergeant, pay grade E-8, and had completed a total of 22 years and 29 days of creditable active duty service.
8. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, ending on 31 August 1986, lists his awards as the National Defense Service Medal, Meritorious Service Medal, Army Commendation Medal, Good Conduct Medal (7th Award), Vietnam Service Medal with one bronze service star, Armed Forces Expeditionary Medal (Korea), Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross Unit Citation with Palm, Army Service Ribbon, Overseas Service Ribbon with Numeral 2, Noncommissioned Officer Professional Development Ribbon with Numeral 3, and the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars. It does not show award of the Purple Heart.
9. The applicants name is not listed on the Vietnam Casualty Roster.
10. 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.
11. Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was wounded in action during his service in the Republic of Vietnam.
2. There are no available general orders showing that the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam Casualty Roster. The applicant has not provided any substantiating evidence showing that he was wounded as a result of enemy action. Therefore, the applicant's request for award of the Purple Heart should be denied.
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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080017264
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