IN THE CASE OF:	  

		BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100023634 


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 records to show award of the Purple Heart.

2.  The applicant states he was wounded in action and received the actual Purple Heart medal, but the paperwork never caught up with him and it is not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He stepped into a trap while serving in Vietnam and a punji stick went into his left leg just below the knee.  He was hospitalized for        3 days following surgery.  The doctor who performed the operation said the Purple Heart certificate would follow.

3.  The applicant provides a copy of his DD Form 214.

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 3 September 1965 through 30 August 1968 with a period of service in Vietnam from 17 May 1967 through 14 May 1968.

4.  His DD Form 214 and DA Form 20 (Enlisted Qualification Record) list his awards as the Air Medal, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, and Expert Marksmanship Qualification Badge.

5.  Item 40 (Wounds) of his DA Form 20 is blank.

6.  A 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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart.

7.  A review of the Vietnam casualty list failed to locate any reference to the applicant.

8.  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 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 was wounded in action and received the actual Purple Heart medal, but the paperwork never caught up with him and it is not shown on his DD Form 214.

2.  There are no available medical records to show the applicant was treated for wounds received in action against the enemy or as the result of enemy action.  Item 40 of his DA Form 20 is blank and the Purple Heart is not listed in item 41 (Awards and Decorations).  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Purple Heart as an authorized award.

3.  The applicant provided no evidence to show he was wounded in action and was awarded the Purple Heart.  Regrettably, in the absence of such evidence, no relief is warranted at this time.

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 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)                                         AR20100023634



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ABCMR Record of Proceedings (cont)                                         AR20100023634



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