IN THE CASE OF:
BOARD DATE: 2 September 2010
DOCKET NUMBER: AR20100009648
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 he received wounds to his back. He was hit by shrapnel from a rocket while serving in Vietnam. He contends he was hospitalized as a result of his wounds.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 records show he enlisted in the Regular Army on 30 July 1962 for a period of 3 years. Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 36A (Field Communication Crewman).
3. A copy of the applicant's DA Form 24 (Service Record) shows in section 5 (Service Outside Continental United States) that he served in Germany during the period 27 September 1963 through 22 July 1965. There are no other entries in this section. Section 7 (Combat Record) and section 8 (Wounds Received through Enemy Action) of this same form are void of any entries.
4. A copy of the applicant's DD Form 214 shows he was honorably released from active duty on 22 July 1965 by authority of Army Regulation 635-205 (Personnel Separations - Discharge and Release - Convenience of the Government), paragraph 7, due to early separation of an overseas returnee. His separation program number (SPN) was listed as 411. He completed a total of 2 years, 11 months, and 23 days of net service with 1 year, 10 months, and 4 days of foreign service in U.S. Army Europe.
5. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Good Conduct Medal and Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).
6. Section 9 (Medals, Decorations, and Citations) of his DA Form 24 shows award of the Army Good Conduct Medal (1st Award) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).
7. A review of the available medical documents does not reveal any information pertaining to the treatment of any wounds or injuries the applicant sustained.
8. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify 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.
10. Paragraph 7 of Army Regulation 635-205 permitted the early separation of Soldiers who were on leave or temporary duty from an overseas organization and who, upon completion of such leave or temporary duty, would have less than 60 days before their scheduled separation date. The assigned SPN was 411.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should be awarded of the Purple Heart was carefully considered; however, it is not supported by the evidence.
2. There is no evidence of record and the applicant has not provided sufficient evidence to show he was wounded as a result of hostile action, that he required treatment by medical personnel, and that the treatment was made a matter of official record. Therefore, there is no 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) AR20100009648
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ABCMR Record of Proceedings (cont) AR20100009648
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