IN THE CASE OF:
BOARD DATE: 10 December 2009
DOCKET NUMBER: AR20090013024
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 states, in effect, that he was wounded during combat operations while serving in the Republic of Vietnam.
3. The applicant provides abstracts of a Department of Veterans Affairs Evaluation Report and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 7 April 1968, in support of his request.
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 applicants records show that he served in the Regular Army from 5 June 1964 to 18 April 1965 and he was credited with completing 10 months and
14 days of active service.
3. The applicant was honorably discharged to accept a commission and reported for active duty as an officer on 19 April 1965. He was honorably relieved from active duty in the rank of captain and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) on 7 April 1968. On the date he was released from active duty he had completed 2 years, 11 months, and 9 days of net active service this period and a total of 3 years, 10 months and 3 days of active military service.
4. The applicant served in the Republic of Vietnam from 15 August 1965 through 18 July 1966. He served in Korea from 15 February 1967 until 3 April 1968.
5. Item 24, (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show that the applicant was awarded the Purple Heart.
6. Item 21 (Awards and Decorations) of the applicants DA Form 66 (Officer Qualification Record) also does not show that he was awarded the Purple Heart.
7. There are no orders in the applicants military personnel records awarding him the Purple Heart.
8. The applicants name does not appear on the Vietnam casualty list.
9. There is no medical documentation in the applicant's military records to show any injury or treatment he may have received based on a wound he may have received while involved in combat with enemy forces.
10. 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. To be awarded the Purple Heart, substantiating evidence must be provided to verify that a wound was received as a result of enemy action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
2. The applicant did not provide any documentation to verify that he was wounded while serving in the Republic of Vietnam.
3. Item 21 (Awards and Decorations) of the applicants DA Form 66 (Officer Qualification Record) also does not show that he was awarded the Purple Heart.
4. There are no orders in the applicants military personnel records awarding him the Purple Heart. His name does not appear on the Vietnam casualty list.
5. There is no medical documentation in the applicant's military records to show any injury or treatment for a wound he may have received while involved in combat with enemy forces.
6. Based on the preponderance of the evidence of record, the applicant has not established a basis for award of the Purple Heart or to have it added to his DD Form 214.
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) AR20090013024
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ABCMR Record of Proceedings (cont) AR20090013024
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