IN THE CASE OF:
BOARD DATE: 15 February 2011
DOCKET NUMBER: AR20100020193
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.
2. He states:
a. He was assigned to the Headquarters and Headquarters Company, G-5, as a divisional psychological operations officer from 19 December 1967 through 19 July 1968;
b. On 31 January 1968, the Chu Lai airfield and the Americal Division Headquarters came under heavy enemy attack and sustained severe damage from incoming rocket fire;
c. His officer billet was destroyed in the attack and a metal locker located two to three feet from him was blown up sending shrapnel throughout the hooch;
d. He sustained three fragment or shrapnel wounds to his right side.
e. An unidentified medic, whose branch of service is unknown, examined his injuries and was able to remove the three fragments from his right side and told him to report to sick call the next day;
f. He did not comply with the medic's instructions because he had an impending PsyOps missions in a remote area;
g. He changed the bandages and the wounds showed no sign of infection, so he saw no need to seek further medical assistance;
h. A dermatologist at the Veterans Administration Medical Center in Decatur, GA, examined him in 2010, confirmed and entered his claimed shrapnel injury into his medical records and a copy is available for the Board's review; and
i. He worked as part of a five-man operation team, moved among various units and as a result, has no eyewitness to this incident and depends upon our review of the facts as he remembers them.
3. He provides:
* His DD Form 214
* Four pictures
* His Personal Statement
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's records show he was ordered to active duty from the United States Army Reserve on 12 March 1966 and served until he was released to the United States Army Reserve Control Group (Reinforcement) on 17 July 1968 after serving honorably for 1 year, 10 months, and 6 days. 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.
3. On 11 August 1969, he was again ordered to active duty and served until he was released to the United States Army Reserve Control Group (Standby) on 25 June 1971 after serving honorably for 1, year, 10 months, and 15 days. Item 24 of his DD Form 214 does not show award of the Purple Heart.
4. His DA Form 66 (Officer Qualification Record) shows in:
a. item 17 (Foreign Service) he served in the Republic of Vietnam from 22 July 1967 to 13 July 1968 and 20 January 1970 to 21 March 1971
b. item 18 (Record of Assignments) he was assigned to:
* Headquarters and Headquarters Company, 196th Light Infantry Brigade from 30 Jun2 to 14 December 1967
* Headquarters and Headquarters Company, Americal Division from
15 December 1967 to 12 July 1968
5. There are no orders in the applicant's records showing he was awarded the Purple Heart and his name is not shown on the Vietnam casualty roster.
6. There are no medical records in his Official Military Personnel File that show he was wounded in action in Vietnam.
7. 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.
DISCUSSION AND CONCLUSIONS:
Regrettably, there is no evidence of record and he provides none to show he was wounded as a result of hostile action. Therefore, there is insufficient evidence in which to base award of the Purple Heart or correcting his DD Form 214 to show the Purple Heart.
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) AR20100020193
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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