IN THE CASE OF:
BOARD DATE: 8 January 2009
DOCKET NUMBER: AR20080017425
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, in effect, award of the Purple Heart.
2. The applicant states, in effect, that he was wounded by grenade fragments but never went to an aid station for treatment.
3. The applicant provides a DD Form 214 (Armed Forces of the United States Report of Discharge or Transfer) and a letter reference in support of this 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 was inducted into the Army of the United States on 20 February 1967. He arrived in the Republic of Vietnam on 23 August 1967 and was assigned to Company D, 2nd Battalion, 18th Infantry, 1st Infantry Division as a gunner. On 19 February 1969, he was released from active duty in the rank of specialist four (SP4)/E-4 after serving 2 years of creditable active service with no lost time and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
3. Records show the applicant was awarded the Combat Infantryman Badge on
9 October 1967.
4. There is no evidence in the available records which show the applicant was recommended and or awarded the Purple Heart.
5. The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant's name does not appear on the Vietnam Casualty Roster.
6. There is no evidence in the available records which shows the applicant was injured as a result of hostile action or treated for such injuries.
7. The applicant provides a letter of support, dated 15 September 2008, from his platoon leader who served with him in the Republic of Vietnam. The supporting statement describes the events and indicates that the applicant should have received the Purple Heart but did not because the applicant did not go to an aid station to treat his wounds.
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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should be awarded the Purple Heart was carefully considered.
2. Although the applicant contends he was wounded on 19 June 1968, there is no evidence in the available records which show he was wounded and/or treated for such wounds sustained as a result of hostile action while in the Republic of Vietnam.
3. In the absence of any other evidence which shows the applicant was wounded or treated for wounds as a result of hostile action, there is insufficient evidence on which to base award of the Purple Heart in this case.
4. The eyewitness statement provided by the applicant was carefully considered. Unfortunately, statements prepared over 30 years after the fact without corroborating evidence are insufficient for award of the Purple Heart.
5. Although there is insufficient evidence to grant the relief requested, this by no means diminishes the applicant's dedicated service to and sacrifices for a grateful nation.
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.
________xxx_____________
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) AR20080017425
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ABCMR Record of Proceedings (cont) AR20080017425
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