IN THE CASE OF:
BOARD DATE: 3 September 2009
DOCKET NUMBER: AR20090011136
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 a Purple Heart for an injury incurred in 1965.
2. The applicant states, in effect, that he was wounded on the right hand in 1965 and should be awarded the Purple Heart.
3. The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and a copy of a Certificate of Naturalization.
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. After having had prior service, the applicant enlisted in the Regular Army on 28 January 1964.
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 8 July 1965 through 20 June 1966. Item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company, 1st Battalion Airborne, 327th Infantry, in military occupational specialty 63B (Wheel Vehicle Mechanic).
4. Item 40 (Wounds) of his DA Form 20 lists no wounds. Item 41 (Awards and Decorations) lists the Parachutists Badge, Vietnam Service Medal, Combat Infantryman Badge, and the National Defense Service Medal.
5. On 27 January 1967, the applicant was honorably released from active duty in the rank of specialist five (E-5) after completing 5 years, 2 months, and 15 days of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Expert Marksmanship Qualification Badge (Rifle M-16), and Parachutist Badge.
6. There are no orders for the Purple Heart in the available records. There is also no medical evidence in the available records which shows he was treated for wounds sustained as a result of hostile action.
7. The applicant is not listed on the Vietnam casualty roster.
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. The applicant contends that he is entitled to award of the Purple Heart.
2. There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that he sustained injuries as a result of hostile action or that the FSM received treatment for injuries that were sustained as a result of hostile action. The applicants name does not appear on the Vietnam Casualty Roster. Based on the forgoing, there is insufficient evidence to grant the applicants request for award of the Purple Heart.
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 him 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) AR20090011136
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ABCMR Record of Proceedings (cont) AR20090011136
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