IN THE CASE OF:
BOARD DATE: 11 March 2010
DOCKET NUMBER: AR20090016591
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 he was wounded in Vietnam and was not awarded the Purple Heart at the time.
3. The applicant provides in support of his application a copy of a newspaper article published by the Cleveland Press. The newspaper article was obtained from the Cleveland State University Archives.
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 personnel records show he was inducted into the Army of the United States on 7 May 1968. He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 64B (Heavy Vehicle Driver).
3. He was assigned to A Company, 2nd Battalion, 18th Infantry in the Republic of Vietnam from 4 November 1968 to 22 October 1969.
4. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not contain any entries indicating that he received any wounds. Item 41 (Awards and Decorations) does not show he was awarded the Purple Heart.
5. On 6 May 1970, the applicant was honorably released from active duty.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show he was awarded the Purple Heart.
7. There are no orders in the applicant's military service records awarding him the Purple Heart and his service medical records were not available for review.
8. The applicant's name does not appear on the Vietnam Casualty Listing.
9. The newspaper article submitted by the applicant reported he had "been wounded slightly, receiving fragments in the left knee that kept him out of action for only five days."
10. Army Regulation 672-5-1 (Military Awards), then in effect, stated the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services was wounded or died as a result of 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, required treatment by a medical officer, and the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should have been awarded the Purple Heart.
2. The article from the Cleveland Press states the applicant received fragment wounds to his left knee. However, there are no corroborating official documents or other evidence showing he was wounded or treated for wounds resulting from hostile action.
3. The applicant's service medical records were not available for review and his military service records do not show he was wounded or treated for wounds resulting from hostile action. Therefore, there is insufficient evidence upon 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:
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 the applicant 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) AR20090016591
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ABCMR Record of Proceedings (cont) AR20090016591
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