IN THE CASE OF:	  

		BOARD DATE:	  13 April 2011

		DOCKET NUMBER:  AR20100023747 


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 while assigned to the Headquarters, Americal Division, his unit suffered a mortar attack.  He was in the shower.  He ran for his clothes and noticed that there was blood on his right thigh.  He did not seek medical attention for his wound.

3.  The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge), DD Form 4 (Enlistment Record), DA Form 20 (Enlisted Qualification Record), 1971 discharge orders, Immunization Record, Report of Medical History for Separation, Report of Medical Examination for Separation, Citation for the Bronze Star Medal, three photographs, and a Department of Veteran Affairs (VA) Progress Note, dated 30 October 2007, that shows the applicant was evaluated for a small area of thickening of the tissue in the right medial thigh  suggesting the possibility of small fragment(s).

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 in the Regular Army on 30 September 1965 and served through 13 September 1969.  His assignments included duty in Vietnam with the 23rd Administrative Company, Americal Division from 24 September 1968 to 11 September 1969. 

3.  His name is not listed on the Vietnam Casualty Roster.  His separation reports of medical examination/medical history do not indicate he was treated for any wounds.

4.  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 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 was wounded during a mortar attack on the Headquarters, Americal Division and he did not seek medical attention.

2.  To qualify for the Purple Heart, the applicant must have been wounded by a hostile force; the wound must have required medical treatment, and the treatment must be a matter of record.  Since the applicant acknowledges he did not seek medical attention, his situation did not meet the requirement for award of 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)                                         AR20100023747



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ABCMR Record of Proceedings (cont)                                         AR20100023747



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