BOARD DATE: 14 December 2010
DOCKET NUMBER: AR20100013031
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 records to show three awards of the Purple Heart.
2. The applicant states General Westmoreland presented him with a Purple Heart while in the field and told him the paperwork would follow. He also states he included the official narrative description of that incident and included details of other combat injuries.
3. The applicant provides a VA Form 21-4138 (Statement in Support of Claim), U.S. Army Vietnam (USARV) Form 157-R (Recommendation for Decoration for Valor or Merit), and his DD Form 256A (Honorable Discharge) certificate.
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 military records show he enlisted in the Regular Army on 29 August 1966. He completed initial entry training and he was awarded military occupational specialty 63C (general vehicle repairman). The highest rank/grade he attained was specialist five (SP5)/E-5.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 2 March 1968 to 16 February 1969.
4. He provided a USARV Form 157-R, recommendation for the Bronze Star Medal with "V" Device for heroic action on 13 May 1968, which states in part,
"
Although wounded on the way back to his position, (the applicant's name) brought the ammunition to the men in his position
."
5. Headquarters, 25th Infantry Division, General Orders Number 38, dated 2 January 1969, awarded the applicant the Bronze Star Medal with "V" Device based on the aforementioned recommendation; however, the citation on the orders do not mention that he was wounded.
6. He was honorably released from active duty on 28 August 1969 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed a total of 3 years total active service.
7. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of any Purple Hearts.
8. Item 40 (Wounds) of his DA Form 20 is blank.
9. The applicant's name does not appear on the Vietnam casualty roster.
10. There is no evidence in the available records and the applicant did not provide any evidence which shows he was ever treated for any wounds sustained as a result of hostile action.
11. The applicant's records do not contain any evidence that indicates he was ever awarded any Purple Hearts by proper authority.
12. 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:
1. While the USARV Form 157-R, recommendation for the Bronze Star Medal with "V" Device, indicates he was wounded, the resultant Bronze Star Medal order does not mention that he was wounded. Additionally, there is no evidence in his available records or any corroborating evidence provided by him which shows he sustained any wounds requiring medical treatment by medical personnel or that such medical treatment was made a matter of official record.
2. His DA Form 20 does not show he was wounded and his name is not listed on the Vietnam casualty roster.
3. In the absence of evidence that he was treated for such wounds and that the medical treatment was made a matter of official record, there is insufficient evidence upon which to base award of any Purple Hearts. As a result, the regulatory burden of proof necessary to support award of any Purple Hearts has not been satisfied in this case. Therefore, there is insufficient 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) AR20100013031
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ABCMR Record of Proceedings (cont) AR20100013031
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