IN THE CASE OF:
BOARD DATE: 20 January 2010
DOCKET NUMBER: AR20100019110
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 wounds sustained in the Republic of Vietnam.
2. The applicant states he received shrapnel wounds on both hands and arm but was unable to be seen by a medic.
3. The applicant provides copies of his DD Form 214 and a statement from another Soldier who witnessed his wounding.
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
13 September 1966 for 2 years. He completed his initial training and he was awarded military occupational specialty 13F (Automatic Weapons Crewman).
3. On 3 February 1967, the applicant departed Fort Bliss, TX for duty in the Republic of Vietnam, where he was subsequently assigned to Battery D,
1st Battalion, 44th Artillery Regiment.
4. On 11 February 1968, the applicant returned to the United States for duty at Fort Campbell, KY.
5. On 12 September 1968, the applicant was released from active duty. He had attained the rank/grade of specialist four (SP4)/E-4 and had completed 2 years of total active service.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.
7. The applicants name is not listed on the Vietnam casualty roster.
8. Item 40 (Wounds) of the applicants DA Form 20 (Enlisted Qualification Record) is blank.
9. The witness statement provided by the applicant in essence states that the applicant was driving a track vehicle on or about 29 January 1968 when it hit a land mine resulting in the applicant and three other Soldiers riding in the vehicle to sustain shrapnel wounds. The witness was one of those who received shrapnel wounds. The Vietnam casualty roster shows the witness' name and indicates he was wounded on 28 January 1968 as a result of enemy action.
10. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S. 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 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 while in action.
2. The witness statement indicates he, the applicant, and two other Soldiers received shrapnel wounds as a result of enemy action. The witness is listed on the Vietnam casualty roster as having been wounded as a result of hostile action on 28 January 1968. However, the applicant states he was unable to be seen by a medic. This indicates that the nature of his wounds did not require medical treatment and, as such, did not meet the regulatory provisions for award of the Purple Heart.
3. Notwithstanding the witness statement, there is no evidence of record or corroborating medical documentation to support award of the Purple Heart in this case. In view of the foregoing, the applicant's request should be denied.
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) AR20100019110
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100019110
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