IN THE CASE OF:
BOARD DATE: 8 December 2009
DOCKET NUMBER: AR20090010807
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, in effect, that he be awarded the Purple Heart.
2. The applicant essentially states that his first sergeant recommended him for the Purple Heart, but that he never heard anything more about it.
3. The applicant provides no additional 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 applicant's 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 applicant's 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, although somewhat incomplete, show that he was inducted into the Army of the United States on 17 June 1968 and served on active duty until he was honorably released on 14 April 1970. During this period of active duty service, the applicant served a tour in Vietnam from 19 April 1969 to 13 April 1970. On 20 November 1972, he enlisted in the Regular Army for a period of 3 years; however, on 27 June 1975, he was discharged under honorable conditions for unfitness. The DD Form 214 (Report of Separation from Active Duty) that was issued to him at the time of his discharge shows that he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal with four bronze service stars, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Bronze Star Medal, the Expert Marksmanship Qualification Badge with M-16 Rifle Bar, the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar, the Parachutist Badge, and the Expert Marksmanship Qualification Badge with .45 Caliber Pistol Bar.
3. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not contain any entries that indicate he was wounded or injured as a result of hostile action. Item 41 (Awards and Decorations) of this same document does not show that he was awarded the Purple Heart. There are no orders in his military records awarding him the Purple Heart and a search of the U.S. Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, also failed to produce any orders awarding him the Purple Heart. Additionally, the applicant's name is not listed on the Vietnam casualty roster. Further, there is no evidence in his military personnel records which shows that he was wounded or injured as a result of hostile action.
4. 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 been treated by a medical officer, and the medical treatment must have been made a matter of official records.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the Purple Heart.
2. While the sincerity of the applicant's claim that he is entitled to award of the Purple Heart is not questioned, there is no evidence in his military records and the applicant failed to provide any evidence which shows that he was ever wounded or injured as a result of hostile action.
3. Absent evidence which conclusively proves that he was wounded or injured as a result of hostile action, that he was treated by medical personnel at the time for wounds or injuries received as a result of hostile action, and that this medical treatment was made a matter of official record, there is no basis for awarding the Purple Heart to the applicant in this case.
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) AR20090010807
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ABCMR Record of Proceedings (cont) AR20090010807
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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