IN THE CASE OF:
BOARD DATE: 26 August 2009
DOCKET NUMBER: AR20090005723
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 records to show award of the Purple Heart.
2. The applicant states that his medical records showing his treatment for shrapnel in Base Camp (Camp Redcliff) aid station may have been lost. The applicant states that his company was on patrol when it was fired upon by the enemy. He states that during this small firefight a man from his company fired an M-79 grenade launcher and after a round hit a tree a piece came back and hit him in the throat and then into his chest. He states that he was taken back to the Camp Redcliff aid station by helicopter. He states that the doctors told him it would be better to leave the shrapnel alone rather than use surgery to remove it, and he was then sent back to the company.
3. The applicant provides no additional documentary evidence 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 military records show he was inducted into the Army on 11 May 1965. He was awarded the military occupational specialty of medical specialist, and was promoted to pay grade E-4.
3. The applicant was honorably released from active duty on 6 May 1967 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 11 months, and 26 days of creditable active service.
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam during the period 4 May 1966 to 6 May 1967.
5. Item 40 (Wounds) of the applicant's DA Form 20 is blank.
6. The applicant's name does not appear on the Vietnam Casualty Roster.
7. The applicant's records do not contain any evidence that indicates he was ever recommended for or awarded the Purple Heart by proper authority while serving on active duty.
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 by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. While the applicant contends he was injured during a firefight with the enemy, there is no evidence in the his available military personnel records nor any corroborating evidence which shows that he was wounded or injured as a result of hostile action or was recommended for or awarded the Purple Heart.
2. The applicant's DA Form 20 does not contain an entry of a wound. The applicant's name is also not listed on the Vietnam Casualty Roster.
3. In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for such wounds, there is insufficient evidence upon which to base award of the Purple Heart. As a result, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case. Therefore, there is no basis for granting the applicant's requested relief.
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) AR20090005723
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ABCMR Record of Proceedings (cont) AR20090005723
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