IN THE CASE OF:
BOARD DATE: 16 September 2010
DOCKET NUMBER: AR20100007851
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, correction of his records to show he is authorized the award of the Purple Heart.
2. The applicant states:
* the information from his company medic should be included in his official military file
* he earned the Purple Heart while he was in Vietnam serving as an infantryman
* he was on air assault when a "pungi stake" entered his lower right leg
* the record of his injury was not entered in his official military file
3. The applicant provides an email, dated 30 November 2008, from an individual who states he was a medical aidman in the same company that the applicant served when he was in Vietnam.
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 2 February 1966 and he completed training as a light weapons infantryman. He arrived in Vietnam on 25 July 1966.
3. A review of the applicant's records does not show that he was wounded or injured while in action against an enemy or as a result of hostile action while he was in Vietnam.
4. He departed Vietnam en route to the continental United States on 23 July 1967.
5. On 1 February 1968, the applicant was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.
6. Item 24 (Decorations, medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the:
* Army Commendation Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal [with Device (1960)]
* Vietnam Service Medal with one bronze service star
* Air Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Combat Infantryman Badge
* First Class Gunner [Sharpshooter Marksmanship Qualification] Badge with Machinegun (M-60) Bar
7. The applicant submits an email from an individual who states he served with him in Vietnam, dated 30 November 2008. In the email the individual contends:
* he was a medical aidman in the company the applicant served in when he was in Vietnam
*
he treated the applicant for a pungi stake wound to his lower right leg on or about 15 March 1967
* the wound was treated with antibiotic cream and bandages with the wound being cleaned and redressed daily until it healed
* no paperwork was done for the injury or for the Purple Heart
* the only time paperwork was processed was when the injury required evacuation to the rear aid station or a hospital
* he also treated the applicant for malaria while they were in Vietnam
8. The applicant's name is not shown on the Vietnam Casualty Listing.
9. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 contentions have been noted and the email he submitted has been considered. However, the documentation in itself is not sufficient to warrant awarding him the Purple Heart.
2. The available evidence of record does not support his contention that he is entitled to the award of the Purple Heart because they do not show that he was ever wounded while in action against an enemy or as a result of hostile action while he was in Vietnam.
3. His name is not listed on the Vietnam Casualty Listing as being wounded in action and, in the absence of medical documentation showing otherwise, it must be presumed that he is not entitled to the award of the Purple Heart.
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) AR20100007851
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