IN THE CASE OF:
BOARD DATE: 18 February 2009
DOCKET NUMBER: AR20080018530
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.
2. The applicant states he took shrapnel in the Republic of Vietnam, receiving an injury to his left leg.
3. The applicant provides a DD Form 214 and an extract from his DA Form 20 (Enlisted Qualification Record) 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 applicant's 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 applicant's 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 26 October 1965. He completed basic combat and advanced individual training and was awarded the military occupational specialty light weapons infantryman. The highest rank he attained while serving on active duty was sergeant (temporary)/pay grade E-5. The applicant's DD Form 214 shows that on 16 October 1967 he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) with an honorable characterization of service after completing 1 year, 11 months, and 21 days of creditable active service with 8 months and 2 days of foreign service.
3. The applicant's DA Form 20 (extract), shows he served with Company C, 2nd Battalion, 8th Infantry, 4th Infantry Division, in Vietnam from 1 March 1967 through 12 October 1967.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge, and one Overseas Service Bar.
5. The applicant's DA Form 20 (extract), item 40 (Wounds), is blank. Item 41 (Awards and Decorations) of this form does not show the Purple Heart. Item 48 (Date of Audit) shows the applicant last audited the DA Form 20 on 21 February 1967.
6. The applicant's name does not appear on the Vietnam casualty roster. There is no evidence in the available records which shows the applicant was ever wounded as the result of a hostile action or was recommended for or awarded the Purple Heart.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. It 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 evidence in the applicant's service personnel records that shows he was recommended for award of the Purple Heart. There also is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action. The applicant's name is not listed on the Vietnam casualty roster.
2. In the absence of evidence that the applicant 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. As a result, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied 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) AR20080018530
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ABCMR Record of Proceedings (cont) AR20080018530
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