IN THE CASE OF:
BOARD DATE: 27 May 2009
DOCKET NUMBER: AR20090002776
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, in effect, award of the Purple Heart.
2. The applicant states, in effect, that he is applying for award of the Purple Heart for an injury he received to his upper left arm while in combat in an area called Fire Base Airborne in the Republic of Vietnam (RVN).
3. The applicant submitted a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a self authored statement, and a witness statement 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 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's DD Form 214 shows that he was inducted into the Army of the United States on 23 August 1968. He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). The highest rank he attained while serving on active duty was specialist four/E-4.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 12 March 1969 to 11 March 1970, performing duties in MOS 11B and that during his RVN tour he was assigned to the 3rd Battalion, 187th Infantry Regiment.
4. Item 40 (Wounds) of the applicants DA Form 20 does not show that he was wounded while he was assigned to the RVN.
5. Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he earned the following awards during his active duty tenure: the National Defense Service Medal (NDSM), the Parachutist Badge, the Vietnam Service Medal (VSM), the RVN Campaign Medal with "1960" Device, the Bronze Star Medal with "V" Device, the Air Medal, the Army Commendation Medal, two Overseas Service Bars, the Bronze Star Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the 2nd Class Marksmanship Qualification Badge with Machine Gun Bar.
6. The applicant submitted a notarized statement from J---y J-----n which states that the applicant was wounded and received medical treatment while in the RVN.
7. On 21 August 1970, the applicant was discharged from active duty after serving a total of 1 year, 11 months, and 29 days of active military service.
8. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show award of the Purple Heart.
9. The Vietnam casualty roster does not list the applicant as wounded by hostile forces.
10. There are no orders in the applicants service personnel records which show he was awarded the Purple Heart.
11. 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's contention that he is entitled to correction of his record to show award of the Purple Heart was carefully considered.
2. There is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds. The applicant is not listed on the Vietnam casualty roster. His witness statement is an insufficient substitute for a medical report. Regrettably, in the absence of corroborating evidence there is an insufficient basis to grant 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.
____________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) AR20090002776
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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