IN THE CASE OF:
BOARD DATE: 08 June 2010
DOCKET NUMBER: AR20090020702
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 correction of his military records to show that he was awarded the Purple Heart for wounds received in the Republic of Vietnam.
2. The applicant states that he was wounded on 26 September 1966 while on a search and destroy mission. An enemy claymore mine detonated and he was hit. A medic treated his right arm for shrapnel wounds. He remained in the field with the company for the rest of the operation and did not require any further treatment.
3. The applicant provides, in support of his application, copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), four letters of support, and two photographs of his upper arm.
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. On 30 Jul 1965, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. On 5 March 1966, the applicant was assigned to A Company, 2nd Battalion, 503rd Infantry Regiment, in the Republic of Vietnam with duties as a gunner. He served with this unit until he returned to the United States and was assigned to Fort Hood, Texas on 19 February 1967.
4. On 29 July 1968, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He had completed 3 years of creditable active duty service and attained the rank of specialist four, pay grade E-4.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal with three bronze service stars, Marksman Marksmanship Qualification Badge with Rifle Bar, Parachutist Badge, and the Combat Infantryman Badge.
6. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.
7. The applicants name is not listed on the Vietnam Casualty Roster.
8. Item 40 (Wounds) of the applicants DA Form 20 (Enlisted Qualification Record) is blank.
9. Army Regulation 600-8-22 provides for award of the Purple Heart to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S. 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.
10. The four letters of support, provided by the applicant, essentially state that he received shrapnel wounds from an enemy mine while on a search and destroy mission. The authors, who reportedly include the then company commander and a subsequent company commander, further stated that a medical specialist administered treatment in the field and the applicant continued on his mission.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should have been awarded the Purple Heart for wounds received while serving in the Republic of Vietnam.
2. There are no available general orders awarding the applicant the Purple Heart. The Vietnam Casualty Roster does not contain the applicant's name. The applicant's DA Form 20 does not indicate he received any wounds in action. While the letters of support provide strong evidence that the applicant was wounded during a combat mission, there is no available service medical record of treatment for those wounds.
3. In view of the above, the applicant's request should be denied.
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) AR20090020702
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ABCMR Record of Proceedings (cont) AR20090020702
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