BOARD DATE: 28 September 2010
DOCKET NUMBER: AR20100010911
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 for a wound sustained in the Republic of Vietnam.
2. The applicant states he received shrapnel wounds to his left tibia while in the field near the Cambodian border.
3. The applicant provided a copy of his DD Form 214 and page 2 of his Department of Veterans Affairs (DVA) Rating Decision.
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. On 19 January 1968, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. On 11 June 1968, the applicant departed Fort Gordon, GA, for duty in the Republic of Vietnam where he was assigned as a scout observer with the 41st Infantry Platoon, 1st Infantry Division. On 30 April 1969 he was reassigned within the platoon as a scout driver.
4. On or about 17 August 1969, the applicant returned to the United States.
5. On 23 August 1969, the applicant was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He had attained the rank/grade of sergeant (SGT)/E-5, and he had completed
1 year, 7 months, and 5 days of creditable active service.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, [Republic of] Vietnam Campaign Medal [with Device (1960)], Army Commendation Medal, and the Combat Infantryman Badge.
7. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank.
8. The applicants name is not listed on the Vietnam Casualty Roster.
9. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
10. 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.
11. The DVA Rating Decision provided by the applicant shows that he was granted service-connection for a shrapnel wound, left tibia with zero percent disability, effective 6 July 2009.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.
2. There are no available general orders awarding the applicant the Purple Heart. The Vietnam Casualty Roster does not contain the applicant's name. The applicant's DA Form 20 does not indicate he received any wounds during his period of active service. The applicant has not provided substantiating evidence to support his contention that he was wounded as a result of enemy action.
3. There is no available evidence showing that the applicant was wounded as a result of enemy action or that he received medical treatment for any such wounds.
4. The DVA rating decision is silent with regard to how, where, or under what circumstances the applicant acquired a shrapnel wound to his left tibia.
5. In view of the foregoing, 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) AR20100010911
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ABCMR Record of Proceedings (cont) AR20100010911
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