IN THE CASE OF:
BOARD DATE: 3 April 2012
DOCKET NUMBER: AR20110020083
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 official military records to show he received a shrapnel injury to his abdomen during combat. He also requests that he be recognized with the appropriate awards to show he was injured in combat.
2. The applicant states there is no indication of his shrapnel injury in his official military record.
3. The applicant provides the following evidence:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 11 September 1967
* Community Hospital notes, dated 30 March 2010
* Constituent Fact Sheet, dated 11 May 2010
* Email from the Army Review Boards Agency , dated 3 February 2011
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 was inducted into the Army on 24 November 1965. He completed training as an infantry indirect fire crewman. After completing 1 year, 9 months, and 18 days of total active service, he was honorably released from active duty on 11 September 1967, as an overseas returnee.
3. His DD Form 214 shows he had 11 months and 26 days of Foreign and/or Sea Service in the U.S Army Pacific (USARPAC). His DD Form 214 also shows he is authorized the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge (Rifle M-16)
* Expert Marksmanship Qualification Badge (Rifle M-79)
* Expert Marksmanship Qualification Badge (Pistol 45)
* Marksman Marksmanship Qualification Badge (Rifle M-14)
4. A review of the available records does not show the applicant was wounded as a result of hostile action by enemy forces.
5. His name is not shown on the Vietnam Casualty Listing as a battle casualty.
6. The applicant submits Community Hospital Notes, dated 30 March 2010, showing that an abdominal x-ray reveals a small seven millimeter focus of shrapnel.
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:
1. The applicants contentions have been noted. His supporting evidence has been considered.
2. Although his Community Hospital notes substantiate his contentions that he has shrapnel in his abdomen, the evidence does not show when his injury occurred. The hospital notes are dated 30 March 2010, the applicant was released from active duty on 11 September 1967.
3. His official military record contains no evidence showing he was wounded as a result of hostile action while he was in the Army. His name is not shown on the Vietnam casualty listing as a battle casualty.
4. In accordance with the applicable regulation, 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 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.
5. In view of the foregoing, the applicants request should be denied.
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) AR20110020083
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110020083
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