IN THE CASE OF:
BOARD DATE: 27 April 2010
DOCKET NUMBER: AR20090018246
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 3 March 1968 be corrected to show award of the Purple Heart.
2. The applicant states he was wounded by shrapnel while serving in Vietnam in October 1967.
3. The applicant provides a DD Form 214 for the period ending 3 March 1968; a Standard Form 600 (Chronological Record of Medical Care), dated 8 October 1967 and 11 October 1967; and a Standard Form 513 (Consultation Sheet), dated 17 November 1967, 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 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 was inducted into the Army of the United States on 17 May 1966. He successfully completed basic combat and advanced individual training and was awarded military occupational specialty 61B (Water Craft Operator).
3. On 6 January 1967, the applicant arrived in Vietnam and was assigned to the 1099th Transportation Company (Medium Boat) where he performed duties as a land craft crewman and coxswain.
4. A Standard Form 513, dated 17 November 1967, shows the applicant was wounded by shrapnel when a .50 caliber round exploded in the chamber. The document indicated that the wound had healed, but a foreign body or scar tissue was still present.
5. On or about 29 February 1968, the applicant departed Vietnam. On 3 March 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaigns Ribbons or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart.
7. There are no general orders in the applicant's service personnel records that show he was awarded the Purple Heart. There is no evidence in his service personnel records that shows he was treated for wounds as a result of hostile action in Vietnam. The applicant's name is not listed on the Vietnam casualty roster.
8. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was wounded and item 41 (Awards and Decorations) does not show award of the Purple Heart.
9. The applicant's Army medical treatment records are unavailable for review.
10. During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command which is an index of general orders issued during the Vietnam era between 1965 and 1973. This review failed to reveal any orders for award of the Purple Heart on file for the applicant.
11. 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his record should be corrected to show award of the Purple Heart. He provided a Standard Form 600 and a Standard Form 513 which indicate he received a shrapnel wound from a .50 caliber round that exploded in the chamber. While his injury is unfortunate, there is no evidence in the available records and the applicant has not provided evidence that shows his injury was the direct result of hostile action.
2. Lacking any corroborating evidence of record showing the applicant was treated for a wound/injury that was the direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.
3. Regrettably, in view of the foregoing, there is insufficient evidence that would warrant granting the applicant's request.
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) AR20090018246
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ABCMR Record of Proceedings (cont) AR20090018246
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