IN THE CASE OF:
BOARD DATE: 25 February 2010
DOCKET NUMBER: AR20090016104
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, award of the Purple Heart (PH).
2. The applicant states he was wounded in the Republic of Vietnam (RVN) and never received the PH. He states he was also wounded in Korea and does have that PH.
3. The applicant provides no documentary evidence 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's military record is not available to the Board for review. However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case. This case is being considered primarily using the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 July 1969 and other official Army records.
3. The applicant's DD Form 214 shows that he was honorably retired in the rank of sergeant first class on 31 July 1969 after completing a total of 20 years and 2 months of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows that during his last period of service, which was from 14 March 1963 through 31 July 1969, he earned the Army Good Conduct Medal (6th Award), National Defense Service Medal with 1st Oak Leaf Cluster (2nd Award), and Vietnam Service Medal. The PH is not included in the list of awards contained in item 24.
4. During the processing of this case, a member of the Board staff reviewed the DA Vietnam casualty roster. The applicant's name was not listed on this roster.
5. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-8 contains guidance on award of the PH. It states, in pertinent part, that members who are wounded in action are authorized to receive the PH. It further states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should have been awarded the PH for being wounded in action in the RVN was carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, in order to support award of the PH there must be evidence that the applicant was wounded as a result of enemy action, that the wound required treatment by military medical personnel, and a record of the medical treatment must have been made a matter of official record. In this case, his name is not listed on the Vietnam casualty roster, the official DA list of RVN battle casualties.
3. Further, the applicant has failed to provide any independent evidence to corroborate his claim that he was wounded in action in the RVN. As a result, absent any evidence of record or independent evidence confirming the applicant was wounded in action in the RVN, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case. Therefore, it would not be appropriate or serve the interest of all those who served in the RVN and who faced similar circumstances to grant the requested relief in this case.
4. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. The applicant and all other concerned should that this action related to award of the PH in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20090016104
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090016104
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