IN THE CASE OF:
BOARD DATE: 18 June 2009
DOCKET NUMBER: AR20090001903
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 records to show award of the Purple Heart.
2. The applicant states he was wounded in action by a pungi stick and was hospitalized while in Vietnam.
3. The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 military records show he was inducted into the Army of the United States on 13 September 1967. He was awarded the military occupational specialty of light weapons infantryman, and he was promoted to the rank of specialist four/pay grade E-4.
3. The applicant was honorably released from active duty on 17 August 1969 and transferred to the US Army Reserve Control Group (Annual Training) after completing 1 year, 10 months and 5 days of creditable active service. He also served in the Army National Guard from 23 January 1979 until 20 May 1981.
4. The applicant's name does not appear on the Vietnam casualty roster.
5. There is no evidence in the available records which shows the applicant was ever wounded or treated for wounds sustained as a result of hostile action.
6. The applicant's records do not contain any evidence that indicate he was ever recommended for or awarded the Purple Heart by proper authority while serving on active duty.
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 military medical personnel, and the medical treatment must have been made a matter of official record.
8. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence in the applicant's service personnel records and he has provided no evidence which shows that he was wounded or injured as a result of hostile action, treated for such wounds, or that he was recommended for or awarded the Purple Heart.
2. Additionally, the applicant's name is not listed on the Vietnam casualty roster.
3. In the absence of evidence that shows the applicant was wounded or injured as a result of hostile action and treated for wounds, there is insufficient evidence upon which to base award of the Purple Heart. As a result, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case. Therefore, there is no basis for adding this award to his DD Form 214.
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) AR20090001903
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ABCMR Record of Proceedings (cont) AR20090001903
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