IN THE CASE OF:
BOARD DATE: 17 August 2010
DOCKET NUMBER: AR20100009825
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.
2. The applicant states he was wounded in action during a rocket attack on 6 June 1969 in Vietnam. Several rockets struck the compound area of his battalion that day. One rocket hit the S-1 building at the precise moment he was crossing the threshold coming into the building. Several Soldiers were killed or injured and he realized he had been wounded in his face area. He brushed off several attempts by the medic to stop his bleeding because he was more concerned with rendering aid to those seriously wounded.
3. The applicant provides a copy of his DD Form 214.
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's records show he was inducted into the Army of the United states on 7 November 1967 and held military occupational specialty 71B (Clerk Typist).
3. His records further show he served in the Republic of Vietnam from on or about 20 September 1968 to on or about 31 August 1969. He was assigned to Headquarters and Headquarters Battery, 7th Battalion, 11th Field Artillery.
4. He was honorably released from active duty on 4 September 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Purple Heart.
6. Item 40 (Wounds) of his DA Forms 20 (Enlisted Qualification Record) is blank and item 41 (Awards and Decorations) does not show award of the Purple Heart.
7. His records do not contain general orders which authorized him award of the Purple Heart.
8. His name is not shown on the Vietnam casualty roster and his medical records are not available for review with this case.
9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against and 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 criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by personnel, and the medical treatment must have been made a matter of official record.
2. His record is void of any orders that show he was awarded the Purple Heart; his name is not shown on the Vietnam casualty roster; his DA Form 20 does not indicate any combat wounds; his medical records are not available for review with this case; and he has provided no evidence that shows he was injured as a result of enemy action.
3. Notwithstanding his sincerity, in the absence of documentary evidence such as witness statements, operation orders, morning reports, after action reports, official orders awarding him the Purple Heart, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to award him the Purple Heart in this case.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20100009825
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ABCMR Record of Proceedings (cont) AR20100009825
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