BOARD DATE: 19 October 2010
DOCKET NUMBER: AR20100010103
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) for the period ending 30 August 1969 to show award of the Purple Heart.
2. The applicant states in late 1968 or early 1969, while assigned to the 8th Field Hospital, a rocket wounded a fellow Soldier outside of his hooch. During the process of carrying the fellow Soldier to safety for treatment he got covered with blood from the fellow Soldier's wounds. The applicant states he wiped away the blood, but saw nothing or felt nothing at the time. However, in November 2008, X-rays revealed that he had a small piece of shrapnel in his wrist. The applicant indicates at the time of the rocket attack there was so much confusion that he did not feel any pain and he had no reason to have his wrist checked out because the fragment from the rocket was so small that it did not leave a hole.
3. The applicant indicated that he provided X-rays of his wrist; however, the
X-rays are not available.
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 22 January 1968. He successfully completed basic combat and advanced individual training and was awarded military occupational specialty 52B (Power Generator Equipment Operator).
3. On 9 June 1968, the applicant arrived in Vietnam and was assigned to the 523rd Field Hospital. On 15 October 1968, he was reassigned to the 8th Field Hospital.
4. On 25 August 1969, the applicant departed Vietnam. On 30 August 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaigns Ribbons or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart.
6. There is no evidence in his service personnel records that shows he was treated for wounds as a result of hostile action in Vietnam and the applicant's name is not listed on the Vietnam Casualty Roster.
7. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was wounded and item 41 (Awards and Decorations) does not show award of the Purple Heart.
8. The applicant's Army medical treatment records are unavailable for review.
9. 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence in the available records and the applicant has not provided any evidence that shows he was injured as a result of hostile action while assigned to an infantry unit engaged in active ground combat. As the applicant acknowledged, he did not believe he was wounded at the time so he did not receive treatment for any wounds.
2. Regrettably, in the absence of corroborating evidence showing the applicant was treated for a wound/injury that was the direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.
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) AR20100010103
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ABCMR Record of Proceedings (cont) AR20100010103
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