IN THE CASE OF:
BOARD DATE: 13 April 2010
DOCKET NUMBER: AR20090017979
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 and the Bronze Star Medal (BSM).
2. The applicant states that prior to his departure from Vietnam, he was informed by his commanding officer that he would be receiving awards of the Purple Heart and BSM. He assumes the awards relate to the shrapnel in his arm, a broken ankle sustained in Vietnam, and for his actions taken during and after the Tet Offensive.
3. The applicant does not provide any additional 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 requested correction of his records to show award of the BSM. There are no orders or other evidence authorizing award of this decoration. In the absence of a proper award authority for this decoration, the applicant may request award of the BSM under the provisions of Title 10, U.S. Code, section 1130. The applicant has been notified by separate correspondence of the procedures for applying for this decoration and, as a result, it will not be discussed further in the Record of Proceedings.
3. Records show the applicant enlisted in the Regular Army on 18 August 1966.
He served in Vietnam from 11 April 1967 to 16 November 1968. He was honorably released from active duty on 15 August 1969.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's 15 August 1969 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart.
5. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows no entries for any wounds received.
6. There is no documentation in the available records which shows the applicant sustained wounds or was treated for wounds incurred as a result of hostile action.
7. There is no evidence of any general orders awarding the applicant the Purple Heart and his name is not listed on the Vietnam casualty roster.
8. 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 by a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
There are no general orders available which awarded the applicant the Purple Heart. There are no medical records available which show the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam. In the absence of such evidence, there is an insufficient basis for award of the Purple Heart.
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) AR20090017979
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ABCMR Record of Proceedings (cont) AR20090017979
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