IN THE CASE OF:
BOARD DATE: 29 December 2010
DOCKET NUMBER: AR20100015517
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 award of the Purple Heart.
2. The applicant states he was hit with shrapnel from a mortar attack in the fall of 1968 and treated at the headquarters aid station. He adds that his medical records from Vietnam have this information.
3. The applicant provides no additional documentary evidence in support of this application.
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. His military records show he was inducted into the Army of the United States on 4 March 1966. He was awarded the military occupational specialties of food service apprentice and combat engineer. He was promoted to the rank of staff sergeant/pay grade E-6.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam as a combat engineer while assigned to Company C, 27th Engineer Battalion during the period 31 March 1968 to 15 October 1969.
4. He served continuously by reenlistments until he was honorably discharged from active duty on 3 June 1975. He completed 9 years, 2 months, and 24 days of creditable active service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for the period 24 June 1967 to 29 March 1970 shows the Vietnam Service Medal, Republic of Vietnam Campaign Medal, and three overseas bars. An earlier DD Form 214 shows the National Defense Service Medal.
6. Item 40 (Wounds) of his DA Form 20 is blank.
7. His name does not appear on the Vietnam Casualty Roster.
8. 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.
9. The applicant's records do not contain any evidence that indicates he was ever awarded any Purple Hearts by proper authority.
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:
1. 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 showing he was wounded as a result of hostile action and 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 a Purple Heart. As a result, the regulatory burden of proof necessary to support award of a Purple Heart 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) AR20100015517
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ABCMR Record of Proceedings (cont) AR20100015517
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