BOARD DATE: 25 May 2010
DOCKET NUMBER: AR20090019146
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 by shrapnel from an explosive device while on sweeping patrols in Vietnam in November 1967. He states when an explosive device went off he was thrown through the air and sustained wounds to his right side with multiple pieces of shrapnel in both of his legs, right arm, face and right eye. He states he was evacuated, treated, and returned to his unit several days later.
3. The applicant also states after returning to his unit he was told by his unit commander that he would be recommended for award of the Purple Heart. However, the applicant notes the commander was subsequently kill in action and he presumes that is why his Purple Heart was never sent back to base for processing.
4. The applicant provides no additional evidence in support of his request.
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. No medical records were available to the Board or provided by the applicant. Item 40 (wounds) on his DD Form 20 (Enlisted Qualification Record) is blank. His name is not on the Vietnam Casualty Roster and no record shows he was awarded the Purple Heart.
3. The applicant was inducted into the Army on 6 September 1966. He served in Vietnam as an infantryman from on or about 3 March 1967 to 29 February 1968. Following his tour of duty in Vietnam the applicant was assigned to Fort Polk, Louisiana where he remained until he was released from active duty on 5 September 1968 with an honorable characterization of service.
4. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart for a wound sustained as a result of hostile action. Substantiating evidence must show the wound resulted from hostile action, required treatment by medical personnel, and the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There are no general orders that show the applicant was awarded the Purple Heart and there is no evidence in his service personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds. In the absence of documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.
2. 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 the aforementioned requirement.
3. The applicant and all others concerned should 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
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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