IN THE CASE OF:
BOARD DATE: 12 October 2010
DOCKET NUMBER: AR20100010742
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 record to show award of the Purple Heart.
2. The applicant states, in effect, he is entitled to award the Purple Heart for wounds received on 11 February 1969 but told the medic who treated him not to submit the paperwork for the Purple Heart because his wounds were minor. He concludes by stating, in effect, he was told he should pursue the award for the sake of his kids.
3. The applicant submits a copy of the following documents:
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 28 May 1970
* a self-authored statement
* General Orders Number 2866, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 8 March 1969, awarding him the Army Commendation Medal (ARCOM) with "V" Device
* General Orders Number 4061, issued by the same headquarters, dated 3 April 1969, awarding him the Bronze Star Medal (BSM)
* Daily Staff Journal or Duty Officer's Log, 1st Battalion, 8th Cavalry, for the period 0001 to 2400 hours, 11 February 1969
* Witness statement, dated 27 February 2010
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 enlisted in the Regular Army 14 July 1967 for 3 years. He completed training and he was awarded military occupational specialty 11F (infantry operations/intelligence specialist).
3. Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in the RVN from 21 May 1968 through 21 May 1969 and he was assigned to
1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division.
4. Item 40 (Wounds) of the applicants DA Form 20 is blank, indicating that he was not wounded during his active duty service.
5. The applicant submitted a copy of the Daily Staff Journal or Duty Officer's Log covering the period 0001 through 2400 hours, 11 February 1969, that contains the following highlighted entries:
* Item 4, 0240, LZ Elzod is receiving small arms fire and mortar rounds
requested medivac aircraft
* Item 6, 0400,
Medivac was requested for 3 EM's [enlisted members] with fragment wounds
* Item 35, 1350,
individuals wounded last night at LZ Elrod:
[3 Soldiers listed by name and serial number; not the applicant]
6. The applicant submitted copies of the orders awarding him the ARCOM with "V" Device and the BSM; however, neither order contains any indication that he was wounded in action.
7. The applicant submitted a statement from a former Soldier who states he was the combat medic who treated the applicant on 11 February 1969 at LZ Elrod for
multiple fragmentation wounds (two) to the foot. He states he applied dressing and monitored the applicant for infection. He further stated that the applicant did not want a field medical report filed at the time.
8. On 28 May 1970, the applicant was honorably released from active duty (REFRAD) to attend school. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He completed a total of 2 years, 10 months, and 15 days of total active service. 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.
9. The applicant's name is not listed on the Vietnam Casualty Roster.
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:
Although the applicant submitted a statement from a former Soldier who states he treated him for fragmentation wounds, the evidence of record does not show and the applicant has not provided any corroborating evidence that shows he was wounded or injured as a result of hostile action, that he was treated for such wounds, and such treatment was made a matter of official record. He is also not listed on the RVN Casualty Roster. Regrettably, in the absence of any corroborating evidence there is no basis for granting the applicant's requested relief 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) AR20100010742
2
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