IN THE CASE OF:
BOARD DATE: 18 June 2009
DOCKET NUMBER: AR20090000296
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 the Purple Heart be shown as an authorized award on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that he was awarded the Purple Heart but it is not shown on his DD Form 214.
3. The applicant provides no documentation to support 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 was inducted into the Army of the United States, on 7 February 1969. He completed training as a military policeman (MP) and basic airborne training.
3. After a brief assignment at Fort Bragg, North Carolina, the applicant served in Vietnam as an MP with the 173rd Airborne Brigade from 24 June 1970 to 10 October 1970 until he was medically evacuated to Camp Zama, Japan. He was subsequently evacuated to the United States and ultimately separated at the completion of his period of active duty service.
4. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank and Item 41 (Awards and Decorations) does not list the Purple Heart as an authorized award.
5. The applicant's name is not listed on the Vietnam Casualty Roster.
6. A DA Form 8-118 (Medical Evaluation Board Proceedings) shows the applicant sustained a fractured ankle when he was thrown from a jeep. His injury was determined to have occurred in the line of duty. There is no indication in the available records that there was enemy involvement in the incident.
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. The applicant states that he was awarded the Purple Heart but that it was not entered on his DD Form 214.
2. The available evidence does not show the applicant was wounded while in action against the enemy or as a result of enemy action. The applicant sustained a fractured ankle when he was thrown from a jeep and the applicants injury was determined to have occurred in the line of duty.
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:
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) AR20090000296
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