IN THE CASE OF:
BOARD DATE: 5 November 2009
DOCKET NUMBER: AR20090009152
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 show award of the Purple Heart. He also requests that he be provided a copy of his medical records.
2. The applicant states that he has repeatedly been told that his medical records cannot be found. He also states that he served in Vietnam and that he received a head wound and was hospitalized.
3. The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 available evidence shows the applicant was inducted into the Army of the United States on 17 January 1968. He was awarded the military occupational specialty of light weapons infantryman, and pay grade E-3 was the highest grade that he achieved.
3. The applicant was honorably released from active duty on 16 January 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 2 years of creditable active service.
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam during the period 22 June 1968 to 12 September 1968.
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 applicants service medical records are not available.
8. The applicant's records do not contain any medical records or evidence that indicates he was ever recommended for or awarded the Purple Heart by proper authority.
9. 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 received a head wound while serving in Vietnam, there is no evidence in his available military personnel records or any corroborating evidence which shows he was wounded or injured as a result of hostile action or he was recommended for or awarded the Purple Heart.
2. The applicant's DA Form 20 does not show the applicant was wounded and the applicant's name is not listed on the Vietnam Casualty Roster.
3. In the absence of evidence that shows 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.
4. The applicants service medical records are not available. He should contact the Department of Veterans Affairs, that agency may have his service medical records if he has sought treatment there.
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) AR20090009152
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ABCMR Record of Proceedings (cont) AR20090009152
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