IN THE CASE OF:
BOARD DATE: 6 April 2010
DOCKET NUMBER: AR20090017719
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 that he be awarded the Purple Heart.
2. The applicant states that in 1970, while serving on active duty in Vietnam, he sustained a wound to his arm from enemy fire and desires to be awarded the Purple Heart.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 was inducted into the Army of the United Stated in Jackson, MS on 12 August 1969. He completed his basic training and his advanced individual training as a cook at Fort Polk, LA.
3. He was transferred to Vietnam on 20 March 1970 and was assigned to the 277th Supply and Service Battalion for duty as a baker. He was advanced to the pay grade of E-4 on 16 July 1970.
4. He departed Vietnam on 15 March 1971 and was transferred to Fort Dix, NJ where he was honorably released from active duty (REFRAD) on 16 March 1971 as an overseas returnee. He had served 1 year, 7 months, and 5 days of total active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and two Overseas Service Bars.
5. A review of his official records, as well as the Vietnam Casualty Listing, fails to show that the applicant was ever wounded as a result of enemy action or reported as a casualty. In addition, his separation physical examination also fails to reveal any such wounds or treatment.
6. Army Regulation 600-8-22 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 a result of hostile action, that the wound must have required treatment by medical personnel, and that the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he was wounded as a result of enemy action in Vietnam has been noted and appears to lack merit.
2. The applicant has failed to show through the evidence submitted with his application and the evidence of record that he was wounded in action in Vietnam and that the treatment for such wounds were made a matter of record.
3. Therefore, in the absence of evidence to the contrary, there appears to be no basis to grant his request.
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.
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 the United States during the Vietnam War. 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) AR20090017719
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ABCMR Record of Proceedings (cont) AR20090017719
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