IN THE CASE OF:
BOARD DATE: 6 July 2010
DOCKET NUMBER: AR20100000158
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 his nose and right eye were injured when a vehicle in which he was a passenger overturned. He states that he has requested his inpatient records from every source he can think of, but he has been unsuccessful in obtaining his records.
3. The applicant provides no additional documentary evidence 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 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's military records show he enlisted in the Regular Army on 7 June 1968. He completed initial entry training, was awarded the military occupational specialty of auto repair parts specialist, and was promoted to pay grade E-4.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 7 December 1968 through 6 December 1969.
4. The applicant was honorably released from active duty on 4 June 1971 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 2 years, 11 months, and 28 days of creditable active service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart.
6. Item 40 (Wounds) of the applicant's DA Form 20 contain an entry of "LAC R FACE (NED) 14 Dec 68"; however, the entry is lined through.
7. The applicant's name does not appear on the Vietnam casualty roster.
8. There is no evidence in the available records and the applicant did not provide any evidence which shows he was ever wounded or treated for wounds sustained as the result of hostile action.
9. The applicant's records do not contain any evidence that indicates he was ever awarded the Purple Heart by proper authority.
10. Army Regulation 600-8-22 (Military Awards) provides 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 describes how he was injured when a vehicle in which he was a passenger overturned while in Vietnam. However, there is no evidence in his available military personnel records nor any corroborating evidence provided by him which shows that he was wounded or injured as a result of hostile action, that the wound required treatment by medical personnel, or that the medical treatment was made a matter of official record.
2. The applicant's DA Form 20 does not show that he was wounded and his name is not listed on the Vietnam casualty roster.
3. In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for such wounds, there is insufficient evidence upon which to base award of the Purple Heart. As a result, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case. Therefore, there is insufficient basis for granting the applicant's requested relief.
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) AR20100000158
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ABCMR Record of Proceedings (cont) AR20100000158
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