IN THE CASE OF:	  

		BOARD DATE:	       2 December 2008

		DOCKET NUMBER:  AR20080011855 


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, that he was, "in a war zone and received an injury from a jeep."  

3.  The applicant provides no supporting documentation.

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 applicant’s 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 applicant’s 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 and entered active duty on 25 October 1965 and progressed to pay grade E-5.  On 2 June 1969, he was serving in Vietnam when he was released from active duty, early, as an overseas returnee.  He was transferred to the United States Army Reserve Control Group (Reinforcement). 
3.  The applicant's DD Form 214 (Report of Transfer or Discharge) lists his authorized awards as the National Defense Service Medal, Good Conduct Medal, Vietnam Service Medal, [Republic of] Vietnam Campaign Medal [with "1960" Device] and the Expert Marksmanship Qualification Badge with Rifle 
(M-14) Bar.  

4.  There is no entry in item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) .  His name does not appear on the Vietnam Casualty Roster.

5.  The applicant joined the South Carolina Army National Guard in August 1984 and retired, in pay grade E-7, on 27 March 2007.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.  There is no evidence of record showing that the applicant received medical treatment for a wound sustained as the result of enemy action.  

2.  He described neither the incident nor any medical treatment involved.  

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20080011855





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ABCMR Record of Proceedings (cont)                                         AR20080011855



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