DOCKET NUMBER: AR20100023769
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 award of the Purple Heart for a shoulder injury sustained in the Republic of Vietnam in 1967. (The applicant's spouse signed the application on his behalf).
2. He states he was injured during service to his country as shown in his medical records, but he didnt receive the Purple Heart.
3. He provides medical documents and pages 2 and 3 of his DA Form 20 (Enlisted Qualification Record). A General Power of Attorney for the applicant's spouse was also provided.
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 enlisted in the Regular Army on 10 August 1966.
3. His DA Form 20 shows in:
* Item 31 (Foreign Service) - he served in Vietnam from 18 June 1967 to 18 June 1968
* Item 38 (Record of Assignments) doesnt show he was hospitalized in a patient status at any time
* Item 40 (Wounds) no entries
* Item 41 (Awards and Decorations) doesnt list the Purple Heart
4. His Standard Form 89 (Report of Medical History), dated 22 April 1969, shows he hurt his left shoulder in Vietnam. This medical document doesnt indicate he was wounded as a result of hostile action.
5. His service record doesnt contain any orders which show he was awarded the Purple Heart or medical documentation which shows he was wounded as a result of hostile action in Vietnam. The Vietnam Casualty Roster doesnt list his name.
6. He was released from active duty on 17 July 1969. He was issued a DD Form 214 which covers this period of service. This form shows he served in Vietnam from 18 June 1967 to 17 June 1968. This form doesnt show award of the Purple Heart.
7. He enlisted in the Regular Army again on 23 December 1970.
8. His Standard Form 88 (Report of Medical Examination), dated 7 September 1973, shows he had multiple scarring on his left shoulder due to shrapnel. However, it does not indicate how the injury was incurred.
9. He was discharged on 17 December 1973. He was issued a DD Form 214 which covers this period of service. This form also doesnt show award of the Purple Heart. He subsequently served in the Army National Guard from
21 January 1974 to 28 February 1975.
10. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for the Purple Heart pertaining to the applicant.
11. Army Regulation 600-8-22 (Military Awards) provides 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. The applicants medical documents show he injured his left shoulder in Vietnam. However, this evidence does not indicate he was wounded as a result of hostile action.
2. His service record does not contain any orders which authorized award of the Purple Heart or evidence to show he was wounded in 1967. In addition, his name is not listed on the Vietnam Casualty Roster. In the absence of evidence to show he was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.
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) AR20100023769
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ABCMR Record of Proceedings (cont) AR20100023769
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