IN THE CASE OF:
BOARD DATE: 21 April 2009
DOCKET NUMBER: AR20080019583
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 that he be awarded the Purple Heart.
2. The applicant states that he did not apply for the Purple Heart because he stayed in the field.
3. The applicant provides no additional documents with his request.
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 21 December 1967 for a period of 2 years. He completed his basic training at Fort Campbell, Kentucky, his advanced individual training as a light weapons infantryman at Fort McClellan, Alabama, and scout dog training at Fort Benning, Georgia, before being transferred to Vietnam on 10 September 1968.
3. He was initially assigned to Company A, 2nd Battalion (Mechanized), 2nd Infantry Regiment, 1st Infantry Division, for duty as a rifleman. He was reassigned to Headquarters and Headquarters Company of the same battalion on 17 May 1969 for duty as a light truck driver.
4. For reasons not explained in the available records, the applicant was transferred to the U.S. Army Hospital, Camp Zama, Japan, on 1 June 1969.
5. On 26 June 1969, he departed Japan for assignment to Korea. He arrived in Korea on 20 July 1969 and served in Korea until 29 September 1969, when he was transferred to Fort Lewis, Washington, where he was honorably released from active duty as an overseas returnee. He had served 1 year, 7 months, and 29 days of total active service and had 41 days of lost time due to being absent without leave. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Armed Forces Expeditionary Medal, and his marksmanship badges.
6. A review of the applicant's records failed to show any indication that the applicant was wounded as a result of enemy action or that he was ever reported as a casualty. Additionally, the applicant's name is not listed on the Vietnam casualty listing.
7. 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. While the sincerity of the applicants claim that he was wounded in Vietnam is not in doubt, there simply is no evidence in the available records to substantiate his claim.
2. Therefore, lacking evidence to show that he was wounded as a result of enemy action and that the treatment for that wound was made a matter of record, the Board has no basis upon which to award him the Purple Heart.
3. 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. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20080019583
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ABCMR Record of Proceedings (cont) AR20080019583
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