IN THE CASE OF:
BOARD DATE: 22 November 2011
DOCKET NUMBER: AR20110009990
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 records to show award of the Purple Heart.
2. He states he was in Cambodia on a classified mission, possibly in January or February 1970, when he was wounded by a shot through his foot. He states he went to a local clinic for treatment of a through and through wound. He adds that his unit was Headquarters Company 75th Infantry, 1st Cavalry Division Airborne Rangers which is no longer in existence.
3. He provides no additional documentary evidence in support of this 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. He was inducted into the Army on 8 January 1969. He completed training and was awarded the military occupational specialty of light weapons infantryman. He was promoted to pay grade E-6.
3. His DA Form 20 (Enlisted Qualification Record) shows he performed duties in various infantry related positions during his tour of duty in the Republic of Vietnam from 6 June 1969 to 11 August 1970.
4. A Standard Form 600 (Chronological Record of Medical Care) contains an entry of "Aid Station 1/9 Cav APO 96490 DIAG: SHOT TOE", dated 30 January 1970.
5. He was honorably released from active duty on 13 August 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 7 months, and 6 days of total active service.
6. His records do not contain any evidence that indicates he was ever awarded the Purple Heart.
7. Item 40 (Wounds) of his DA Form 20 is blank.
8. Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not contain the applicant's name.
9. Army Regulation 600-8-22 (Military Awards) provides that 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 applicant contends he was wounded by a shot through his foot while he was in Cambodia on a classified mission, possibly in January or February 1970. He states he went to a local clinic for treatment of a through and through wound. An SF 600 indicates in January 1970 he was diagnosed with a "shot toe." However, there is no evidence in his available military personnel records showing that he incurred the shot toe as a result of hostile action.
2. His DA Form 20 does not show he was wounded and his name is not listed on the Vietnam casualty listing.
3. In the absence of evidence the applicant was wounded or injured as a result of hostile action and treated for such wounds, there is insufficient evidence upon which to base award of the Purple Heart. As a result, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.
4. In view of the foregoing, there is no basis for granting the applicant's request 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) AR20110009990
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ABCMR Record of Proceedings (cont) AR20110009990
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