IN THE CASE OF:	  

		BOARD DATE:	  5 January 2010

		DOCKET NUMBER:  AR20090013560 


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 he and another Soldier were injured when their Sheridan tank hit a mine on either 21 or 27 January 1971.  They were medically evacuated and he overheard a doctor telling a medical aidman to prepare the paperwork for the Purple Heart.

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's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.

3.  The applicant served on active duty in the Regular Army from 21 May 1968 through 29 April 1972 in military occupational specialty 11E (Armor Crewman).

4.  His DA Form 20 (Enlisted Qualification Record) shows two periods of assignment in Vietnam, from 21 March 1969 through 3 September 1969 and from 18 April 1970 through 21 February 1971.  It does not show any periods of service as a patient.

5.  The applicant was honorably released from active duty on 29 April 1972.  His 22 January 1969 DD Form 214 lists his awards as the National Defense Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  His 29 April 1972 DD Form 214 list his awards as the Vietnam Service Medal, the Army Commendation Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  The review of the Vietnam casualty roster failed to locate any reference to the applicant.

7.  The review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for any awards.

8.  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 states he and another Soldier were injured when their Sheridan tank hit a mine on either 21 or 27 January 1971.  They were medically evacuated and he overheard a doctor telling a medical aidman to prepare the paperwork for the Purple Heart.

2.  The record does not contain and the applicant has not provided any documentation to show the applicant sustained a wound as the result of hostile action that required treatment by medical personnel that was made a matter of official record.  Therefore, there is insufficient evidence to award him the Purple Heart.

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)                                         AR20090013560



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ABCMR Record of Proceedings (cont)                                         AR20090013560



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