IN THE CASE OF:
BOARD DATE: 9 JUNE 2009
DOCKET NUMBER: AR20090003863
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 his records be corrected to reflect his award of the Purple Heart.
2. The applicant states, in effect, that he desires his records to reflect the award of the Purple Heart.
3. The applicant provides no supporting documents with 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 in Cincinnati, Ohio on 4 February 1969. He completed his basic training at Fort Dix, New Jersey and his advanced individual training as an engineer equipment repairman at Fort Leonard Wood, Missouri before being transferred to Vietnam on 4 July 1969.
3. He was assigned to the 60th Engineer Company and was promoted to the pay grade of E-5 on 30 June 1970. He extended in Vietnam for 64 days and departed on 6 September 1970 for Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 9 September 1970 as an early overseas returnee. He had served 1 year, 7 months and 7 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Good Conduct Medal and the Bronze Star Medal.
4. A review of the applicant's official records and the Vietnam Casualty Listing fails to show any evidence of the applicant being wounded as a result of enemy action in Vietnam or being reported as a casualty. Additionally, the applicant's separation physical/medical examination makes no mention of any such wounds.
5. 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. While the sincerity of the applicant's claim that he is entitled to have the award of the Purple Heart reflected on his records is not in doubt, the applicant has failed to show through the evidence submitted with his application and the evidence of record that he was awarded the Purple Heart or that he is entitled to award of the Purple Heart by virtue of being wounded as a result of enemy action and that treatment for such wounds were made a matter of record.
2. Therefore, in the absence of such evidence, there appears to be no basis to grant the applicant's request.
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 that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ _____X___ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ XXX _______ ___
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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