IN THE CASE OF:
BOARD DATE: 21 July 2009
DOCKET NUMBER: AR20090002809
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 military records to show award of the Purple Heart.
2. The applicant states that he believes he is entitled to award of the Purple Heart due to an injury he sustained in combat in May 1968. The applicant states that the medic who treated him wanted to put him in for award of the Purple Heart, but he told the medic that he needed to get back to his company.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 13 June 1968; a Standard Form (SF) 600 (Chronological Record of Medical Care), dated 1 May 1968; and a 13-page Board of Veteran's Appeal (BVA), dated 22 July 2008, in support of his 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 was inducted into the Army of the United States on 14 July 1966. He successfully completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 94B (Cook).
3. On or about 21 June 1967, the applicant arrived in the Republic of Vietnam and was assigned to the 520th Transportation Battalion where he performed duties as a cook.
4. An SF 600, dated 1 May 1968, shows that the applicant was treated for a minor laceration to his nose while being under attack. On or about 11 June 1968, he departed Vietnam.
5. On 13 June 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart.
7. There are no general orders in the applicants service personnel records that show he was awarded the Purple Heart. There also is no evidence in his service personnel records that shows that he was treated for wounds as a result of hostile action in Vietnam. The applicant's name is not listed on the Vietnam Casualty Roster.
8. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was wounded, and item 41 (Awards and Decorations) does not show award of the Purple Heart.
9. The applicant's Army Medical Treatment Records are unavailable for review.
10. The applicant provided a 13-page BVA, dated 22 July 2008, that he indicated in a statement, "that he broke his nose in May 1968 when his battalion
was hit with mortar and rocket fire and a fellow soldier ran into him from the side." The document further shows that he was granted service-connection for residuals of a broken nose to include septal deviation.
11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 contends that he should be awarded the Purple Heart. He provided an SF 600 and a 13-page BVA, which indicate he sustained a minor laceration to his nose after a fellow Soldier ran into him from the side during a mortar and rocket attack. While his injury is unfortunate, there is no evidence in the available records and the applicant has not provided evidence that shows his injury was the direct result of hostile action.
2. Lacking any corroborating evidence of record showing the applicant was treated for a wound/injury that was the direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.
3. Regrettably, in view of the foregoing, there is insufficient evidence that would warrant granting the applicant's request.
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.
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