BOARD DATE: February 25, 2010
DOCKET NUMBER: AR20090016533
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.
2. The applicant states, in effect, he was wounded during a rocket attack when a rocket broke a piece of oak wood and it stuck in his back. He could not pull it out; finally a man helped him pull it out. He bled until after daylight, weakly got up, found a day shift, and went to work. He states that he was in combat for over 120 days. He is now disabled with post-traumatic stress disorder.
3. The applicant provides no additional documentary 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 record shows he enlisted in the Regular Army and entered active duty on 15 December 1967. He was trained in and awarded military occupational specialty 64B (Heavy Vehicle Driver).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 21 May 1968 to 18 May 1969. Item 40 (Wounds) is blank and the PH is not included in the list of awards contained in item 41 (Awards and Decorations).
4. The applicant's official military personnel file is void of any orders or other documents that indicate the applicant was ever awarded the PH by proper authority while serving on active duty. It is also void of any medical treatment records documenting any medical treatment for combat-related wounds during his tenure in the RVN.
5. On 5 December 1970, the applicant was honorably released from active duty in the rank of specialist five. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he completed a total of 2 years, 11 months, and 21 days of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure: Army Commendation Medal, National Defense Service Medal, Bronze Star Medal, RVN Campaign Medal, and two overseas service bars.
6. During the processing of this case, a member of the Board staff reviewed the DA Vietnam casualty roster. The applicant's name does not appear on this roster.
7. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-8 contains guidance on award of the PH. it states, in pertinent part, 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 this medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. In order to support award of the PH there must be evidence that the member was wounded as a result of enemy action, that the wound required treatment by military medical personnel, and a record of this medical treatment must have been made a matter of official record. In this case, there are no medical treatment records on file that show he was ever treated for a combat-related wound while serving in the RVN.
2. Item 40 of the applicant's DA Form 20 is blank, which does not indicate he was wounded in action, and the PH is not included in the list of awards in item 41. Further, his name is not listed on the official DA list of RVN battle casualties. As a result, absent any evidence of record or independent evidence provided by the applicant that confirms he was wounded as a result of enemy action while serving in the RVN, it would not be appropriate or serve the interest of all those who served in the RVN and who faced similar circumstances to award the applicant the PH at this late date.
3. 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.
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