IN THE CASE OF:
BOARD DATE: 27 January 2009
DOCKET NUMBER: AR20080017883
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, in effect, that he was wounded twice (right arm and back) in Vietnam on 7 January 1969 and that he never received the Purple Heart. He also indicates that the action date and events were listed in the citation for his Army Commendation Medal with V Device.
3. The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge); a VA Form 21-4138 (Department of Veterans Affairs Statement in Support of Claim); orders for the Air Medal; orders for the Army Commendation Medal with V Device; and a copy of his DA Form 20 (Enlisted Qualification Record) 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 enlisted in the Regular Army on 28 March 1967 for a period of
2 years. He served in Vietnam from 26 April 1968 through 17 March 1969 and was released from active duty on 20 March 1969.
3. The applicants DD Form 214 does not show the Purple Heart as an authorized award.
4. Item 40 (Wounds) on the applicant's DA Form 20 shows he was wounded on 7 January 1969.
5. On 19 March 1969, the applicant underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.
6. There are no orders for the Purple Heart in the available records.
7. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal any orders for the Purple Heart.
8. The applicant's name does not appear on the Vietnam Casualty Roster.
9. In support of his claim, the applicant provided orders for the Army Commendation Medal with V Device for heroism on 23 September 1968. The citation for this award states the aircraft commander was wounded by enemy fire, not the applicant.
10. 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.
11. Army Regulation 600-200, chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions that he was wounded twice (right arm and back) in Vietnam on 7 January 1969 and that the action date and events were listed in the citation for his Army Commendation Medal with V Device were noted. However, the citation for the Army Commendation Medal with V Device is for heroism on 23 September 1968 in Vietnam and the citation states the aircraft commander was wounded by enemy fire, not the applicant.
2. There are no orders for the Purple Heart in the available records. In the spite of the item 40 entry on the applicant's DA Form 20, there is no corroborating evidence showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam. 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.
_______ _ 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) AR20080017883
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ABCMR Record of Proceedings (cont) AR20080017883
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