IN THE CASE OF:	  

		BOARD DATE:	       4 September 2008

		DOCKET NUMBER:  AR20080007117 


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 should be awarded the Purple Heart for a serious cut he incurred on his right index finger in November 1966.  He was cut by the machete he was using to clear brush as he dived for cover under his assault vehicle, just as enemy mortar fire began impacting within his platoon area.  He was evacuated to a hospital near Long Binh.  He does not believe that the issuing authority realized he would be entitled to the Purple Heart.

3.  The applicant provides 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 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 was inducted into the Army of the United States on 1 November 1965.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  On or about 20 August 1966, the applicant arrived in Vietnam with his unit, Troop F, 2d Squadron, 11th Armored Cavalry Regiment.  He departed Vietnam on or about 13 August 1967.  He was released from active duty on 15 August 1967.  

4.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the Army Good Conduct Medal, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal with Device (1960), the National Defense Service Medal, and the Vietnam Service Medal.

5.  The applicant’s name is not listed on the Vietnam Casualty Roster.  Item      40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show he was wounded.  

6.  Neither the applicant’s service medical records nor his separation physical examination are available.

7.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  When contemplating an award of the Purple Heart, the key issue commanders must take into consideration is the degree to which the enemy caused the injury.  The fact the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention has been carefully considered; however, there is no available evidence of record and he provides no evidence to support his contention that he was wounded in action.

2.  Regrettably, there is insufficient evidence on which to base awarding the applicant the Purple Heart.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xx____  __xx____  __xx____  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.



      _______xxxx___________
               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)                                         AR20080007117



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ABCMR Record of Proceedings (cont)                                         AR20080007117



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