BOARD DATE: 10 December 2009
DOCKET NUMBER: AR20090011002
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, in effect, that he was wounded on 30 August 1968, that the wound was never reported, and that he was never awarded a medal for the wound.
3. The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge); extracts of his service medical records; a Department of Veterans Affairs (DVA) Rating Decision, dated 11 September 2008; and a copy of his DA Form 20 (Enlisted Qualification Record) 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 enlisted in the Regular Army (RA) on 27 March 1967 for a period of 3 years. He served in the Republic of Vietnam (RVN) from 15 January 1968 to 14 January 1969. On 26 March 1970, he was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.
3. The applicants DD Form 214 does not show the Purple Heart as an authorized award.
4. There is no evidence in the available records which show that the applicant was awarded the Purple Heart or that he was wounded as a result of hostile action in the RVN.
5. The applicant's DA Form 20 does not show entitlement to the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank. The applicant's name does not appear on the Vietnam Casualty Roster.
6. In support of his claim, the applicant provided an extract of his service medical record, dated 30 August 1968, which states, in pertinent part, that he was treated for a fragment under his scalp. However, there is no evidence that this injury was the result of hostile action. He also provided a DVA Rating Decision which shows he was granted service-connection for residuals of a shrapnel injury to the head to include headaches.
7. On 24 February 1970, the applicant underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in the RVN. Item 18 (Head, Face, Neck, and Scalp) of his Standard Form (SF) 88 (Report of Medical Examination), dated 24 February 1970, shows he was rated normal.
8. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 pertaining to the applicant.
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:
There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Republic of Vietnam. In the absence of orders or other corroborating evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in the Republic of Vietnam, the
30 August 1968 service medical record provided by the applicant is not sufficient as a basis for award of the Purple Heart. Regrettably, there is insufficient evidence on which to base award of the Purple Heart 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.
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