IN THE CASE OF:
BOARD DATE: 17 SEPTEMBER 2009
DOCKET NUMBER: AR20090004886
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to include the award of the Purple Heart.
2. The applicant states that he sustained a gunshot wound to his chest when he was in the Army. He states that he knew that the Purple Heart was not noted on his DD Form 214; however, he assumed that the Army would take care of it later.
3. The applicant provides a copy of his DD Form 214, a copy of a United States Army Hospital Patient Disposition Form, and a copy of an Army Hospital Convalescent Work Sheet.
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. On 25 September 1968, the applicant was inducted into the Army of the United States and he served as a light vehicle driver. He arrived in Vietnam on 6 March 1969 and he was assigned to the 126th Supply and Service Company. He was transferred to the 226th Supply and Service Company on 1 August 1969.
3. The available medical records show that on 23 February 1970 the applicant was medically evacuated to the 106th General Hospital, Japan. On 8 March 1970, he was transferred to the Medical Holding Company, United States Army Hospital, Fort Ord, California in a patient status.
4. On 9 April 1971, the applicant was released from active duty (REFRAD), under honorable conditions, at the expiration of his term of service, and he was transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.
5. The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.
6. A review of the Vietnam Casualty Roster does not show the applicant was wounded in action while he was in Vietnam.
7. The worksheet that the applicant submitted in support of his application is dated 1 April 1970 and it shows that on 10 March 1970 the applicant was hospitalized at Fort Ord, California after he received a gunshot wound to his right chest area on 17 February 1970.
8. 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be amended to include the award of the Purple Heart.
2. His contentions have been noted. However, there is no evidence in the available record, nor has the applicant submitted any evidence to show that he was awarded the Purple Heart.
3. The available records show that he suffered a gunshot wound to his right chest area on 17 February 1970. However, the records do not specify that his chest wound was the result of hostile action by enemy forces and there is simply not enough evidence available to make that assumption. Therefore, the Purple Heart cannot be included on his DD Form 214 at this time.
4. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing, there is no basis for granting the applicants 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.
_______ _ __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.
ABCMR Record of Proceedings (cont) AR20090004886
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ABCMR Record of Proceedings (cont) AR20090004886
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