IN THE CASE OF:
BOARD DATE: 21 June 2011
DOCKET NUMBER: AR20100028968
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 that he be awarded the Purple Heart.
2. The applicant states, in July 1968, he was injured in the right leg by a piece of shrapnel and he was taken to the field hospital to have the shrapnel removed. He goes on to state that he received approximately seven stitches and the scar still remains today; however, he never received the Purple Heart.
3. The applicant provides no additional documents with his 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. The applicant enlisted in the Regular Army on 22 November 1966 for a period of 3 years. He completed basic training at Fort Knox, Kentucky and advanced individual training as a field radio repairman at Fort Gordon, Georgia before being transferred to Vietnam on 1 March 1968 for assignment to the 704th Maintenance Battalion, 4th Infantry Division. He departed Vietnam on 28 February 1969 and he was transferred to Fort Belvoir, Virginia.
3. On 29 April 1969, he was honorably discharged due to the convenience of the government. He served 2 years, 5 months, and 8 days of active service and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal.
4. A review of his official records failed to show the applicant was wounded as a result of enemy action or that treatment was made a matter of record for such wounds. Additionally, his name is not contained on the Vietnam Casualty Listing.
5. 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:
1. While the sincerity of the applicants claim that he is entitled to award of the Purple Heart is not in doubt, the available evidence is not sufficient to support his claim.
2. The applicants official records appear to be silent in regard to any wounds or injuries received in Vietnam. Therefore, in the absence of sufficient evidence to show that he was wounded as a result of enemy action and that treatment was made a matter of record, there appears to be no basis to award him the Purple Heart at this time.
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.
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ABCMR Record of Proceedings (cont) AR20100028968
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