BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110005254 


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.  He states he/his:

* armor unit was guarding a bridge during the Tet campaign in 1968 when
   his armored personnel carrier (APC) was hit and his knee started to bleed
* has scarring on his knee
* was never issued a Purple Heart

3.  He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 military records were requested from the National Personnel Records Center (NPRC) in St. Louis, MO; however, the NPRC was unable to locate his records.  This case is being considered using his DD Form 214.  

3.  His DD Form 214 shows he was inducted into the Army of the United States on 8 September 1966 and he was released from active duty on 31 August 1968.  

4.  The Vietnam Casualty Roster does not list his name.  

5.  There is no medical documentation which shows he was wounded as a result of hostile action in Vietnam. 

6.  Army Regulation 600-8-22 (Military Awards) provides 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's contends his APC was hit, his knee started bleeding, and he has scarring on his knee.  However, his military records are not available and there is no medical documentation or other evidence available to support his contention.  

2.  His name is not listed on the Vietnam Casualty Roster.  Due to the absence of evidence which shows he was wounded or injured as a result of hostile action, there is insufficient evidence upon 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)                                         AR20110005254



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ABCMR Record of Proceedings (cont)                                         AR20110005254



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