DOCKET NUMBER: AR20090003847
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 and correction of his military records to show this award.
2. The applicant states that he never received the Purple Heart and that he has been told by several people at the Department of Veterans Affairs (DVA) that he should have received the Purple Heart after he was injured in Vietnam. He claims that he was traveling in a jeep with a captain to their forward base camp after going for supplies and the next thing he knew he woke up along the side of the road with a lot of people around him. He indicates that he does not remember any of the details at this time but his wife told him that he reported he thought a mortar had hit the front of the jeep and the captain was killed. He had injuries to his shoulder, both knees, and elbows. He believes his back was also injured. He points out that even though his military occupational specialty (MOS) was in communications when you are in an infantry outfit you are often in combat situations.
3. The applicant provides DVA Progress Notes, dated 28 August 2008,
14 January 2009, and 21 January 2009; and a copy of his DD Form 214 (Report of Transfer or Discharge) 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 and entered active service on 15 April 1968. He served in MOS 36K (field wireman) assigned to Headquarters and Headquarters Company, 6th Battalion, 31st Infantry in Vietnam from 6 April 1969 to 25 March 1970. He was honorably released from active duty on 25 March 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.
3. The applicants DD Form 214 does not show the Purple Heart as an authorized award.
4. There is no evidence in the available records which show that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.
5. The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant's name does not appear on the Vietnam Casualty Roster.
6. In support of his claim, the applicant provided a DVA Psychiatry Progress Note, dated 28 August 2008, which shows he was diagnosed with depression. This note also states, in pertinent part, that "he went to Vietnam in 1969-70 located in Dong Tam assigned to the 9th Infantry. He was involved in firefight and combats but was not wounded. He was hurt while his jeep was blown up in the air leading to his captain killed and he passed out. He didn't know the cause of the MVA [motor vehicle accident]." The applicant provided a DVA Psychiatry Note, dated 14 January 2009. He also provided a DVA Psychology Progress Note, dated 21 January 2009, which states, in pertinent part, "he was in communications in Vietnam and was in the field operating radios with an infantry unit. He related an incident in which he was injured and a captain killed when the jeep they were riding in was blown into the air. He injured his back, shoulder and other areas and was evacuated."
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:
There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the DVA Progress Notes provided by the applicant are not sufficient as a basis for award of the Purple Heart. Regrettably, there is insufficient evidence on which to base 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.
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