IN THE CASE OF:
BOARD DATE: 22 June 2010
DOCKET NUMBER: AR20090021469
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 he was injured in the Republic of Vietnam (RVN) on 22 February 1970 and the paperwork was done; however, he never received the Purple Heart.
3. The applicant provides a copy of a Daily Staff Journal or Duty Officer's Log, dated 22 February 1970.
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 applicants records show that he was inducted into the Army of the United States on 24 February 1969 for a period of 2 years. He completed basic combat and advanced individual training and he was awarded Military Occupational Specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicant was released from active duty on 23 February 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. On the date he was released from active duty he had completed 2 years of active military service.
4. The applicant served in the RVN from 21 July 1969 through 16 July 1970.
5. Item 24, (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show the applicant was awarded the Purple Heart.
6. Item 41 (Awards and Decorations) of the applicants DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Purple Heart.
7. There are no orders in the applicants military personnel records awarding him the Purple Heart.
8. The applicants name does not appear on the Vietnam Casualty Roster.
9. There is no medical documentation in the applicant's military records that shows he was injured or treated for a wound received from enemy forces.
10. The applicant submitted a copy of the Daily Staff Journal or Duty Officer's Log, dated 22 February 1970, which shows he received a scratch under the eye while serving in the RVN. A continuation sheet includes the entry "
got a sharp stick in the eye during excitement."
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 by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. To be awarded the Purple Heart, substantiating evidence must be provided to verify that a wound was received as a result of enemy action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. The Daily Staff Journal or Duty Officer's Log which was submitted by the applicant was carefully considered. However, the injury (scratch under eye) reported was not sufficient to verify that his wound was the result of enemy action while serving in the RVN.
3. Item 41 of the applicants DA Form 20 also does not show that he was awarded the Purple Heart. There are no orders in the applicants military personnel records awarding him the Purple Heart. His name does not appear on the Vietnam Casualty Roster.
4. There is no medical documentation in the applicant's military records to show any injury or treatment for a wound he may have received by enemy forces.
5. Based on the evidence of record, the applicant has not established a basis for award of the Purple Heart or to have it added to his DD Form 214.
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) AR20090021469
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ABCMR Record of Proceedings (cont) AR20090021469
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