IN THE CASE OF:
BOARD DATE: 29 March 2011
DOCKET NUMBER: AR20100024581
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.
2. The applicant states, in effect, his records do not list that he was wounded while attacked from behind. He received butterfly stitches to the right side of his head at the military hospital on Okinawa when he was with the 15th Psychological Operations Detachment. He further states that since Senator Kxxxx received a Purple Heart for causing injuries to himself, based on public records, he should be eligible for the Purple Heart since his wound was caused by someone else and he has lived with trauma and fear for all these years.
3. The applicant provided no additional evidence.
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 records show he enlisted in the Regular Army on 18 September 1964 and he held military occupational specialty 81E (Illustrator). He served in Okinawa from 26 May 1966 to 10 September 1967 while assigned to the 15th Psychological Operations Detachment.
3. He was honorably released from active duty on 10 September 1967 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation. He completed 2 years, 11 months, and 23 days of active service.
4. 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) shows the National Defense Service Medal, Army Good Conduct Medal (1st Award), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.
6. There is no evidence in his record that shows he ever served in Vietnam. There is no medical evidence in his available record that shows he sustained wounds as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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:
1. The criteria for award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record.
2. The evidence of record does not show that the applicant served in Vietnam or that he received wounds as a result of hostile action. Therefore, there is no basis for granting the 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) AR20100024581
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