IN THE CASE OF:	  

		BOARD DATE:	    11 March 2010

		DOCKET NUMBER:  AR20090016806 


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, in effect, award of the Purple Heart. 

2.  The applicant states, in effect, that his unit fought for three days to take Hill 875 and they took it on Thanksgiving Day in 1967.  He claims he was wounded by shrapnel the following day and evacuated to a hospital with seven other Soldiers.  He contends that General Westmoreland came to the hospital and presented him with the Purple Heart.  He states that he needs his Purple Heart orders.

3.  The applicant provides no documentary evidence in support of his 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 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 2 February 1967.  He served as a light weapons infantryman in Vietnam from 4 July 1967 to 27 June 1968.  On 31 January 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Purple Heart as an authorized award.

4.  There is no evidence in the available records which show the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on this form is blank.  The applicant's name does not appear on the Vietnam Casualty Roster.

6.  On 29 October 1968, the applicant underwent a separation physical examination.  He reported that he sustained a shrapnel wound in his left hip in item 33 (Have your ever had any illness or injury other than those already noted?) of his Standard Form (SF) 89 (Report of Medical History).  Item 39 (Physician's Summary and Elaboration of all Pertinent Data) on this form states, in pertinent part, that the applicant was wounded in his left hip in Vietnam in 1967.  However, there is no evidence of record which shows this injury was the result of hostile action in Vietnam.

7.  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:

The applicant's contention that he was presented the Purple Heart by General Westmoreland while hospitalized in Vietnam was noted.  However, there are no documents in his available records to support his contention that he was awarded the Purple Heart.  There is no evidence of record which shows that the applicant was injured or wounded as a result of hostile action in Vietnam.  The SF 89 does not show the applicant's left hip injury was the result of hostile action.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.

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)                                         AR20090016806



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ABCMR Record of Proceedings (cont)                                         AR20090016806



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