IN THE CASE OF:
BOARD DATE: 26 August 2009
DOCKET NUMBER: AR20090005944
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 award of the Purple Heart.
2. The applicant states he and his platoon received almost continuous incoming mortar and rifle fire for 4 days straight. He states some were wounded and some were killed. He states he has severe, chronic post-traumatic stress disorder (PTSD) directly related to his combat experiences. He states he has a physical brain injury.
3. The applicant provides no additional evidence or official documentation 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's military personnel records show he was inducted into the Army of the U.S. on 26 October 1948. He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11C (Infantry Indirect Fire Crewman).
3. The applicant was assigned to Company E, 2nd Battalion, 27th Infantry, 25th Infantry Division in the Republic of Vietnam during the period from 26 December 1969 to 18 November 1970.
4. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not contain any entries indicating that the applicant received any wounds.
5. Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the award of the Purple Heart.
6. On 1 June 1971, the applicant was released from active duty to enter or return to college, university or equivalent educational institution. He had completed
1 year, 10 months, and 7 days of active service that was characterized as honorable.
7. Item 24 of the applicant's DD Form 214 does not show the award of the Purple Heart.
8. There are no orders in the applicant's military service records awarding him the Purple Heart.
9. The applicant's name does not appear on the Vietnam casualty listing.
10. The applicant's service medical records were not available for review.
11. Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart for the applicant.
12. Army Regulation 672-5-1 (Military Awards), then in effect, provided, in pertinent part, that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. armed services had been wounded, killed, or who had died as a result of 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence in the applicant's official military personnel file showing he was wounded or treated for wounds resulting from hostile action. His service medical records were not available for review.
2. In the absence of military records which show that the applicant was wounded or treated for wounds resulting from hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.
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 our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20090005944
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ABCMR Record of Proceedings (cont) AR20090005944
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