IN THE CASE OF:	  

		BOARD DATE:	       11 September 2008

		DOCKET NUMBER:  AR20080011098 


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 that he be awarded the Purple Heart.  

2.  The applicant states that troopers of the 101st Airborne Division were in a lot of battles. 

3.  The applicant provides copies of a 30 January 2004 letter from the Department of Veterans Affairs (VA); a letter from the VA, dated 10 July 2001; a 15 March 2001 statement from an individual; the applicant's 15 July 1966 DD Form 214 (Armed Forces of the United States Report  of Transfer or Discharge); two DD Forms 215 (Correction to DD Forms 214), dated 22 February 1979 and 
18 April 2004; a 16 September 2003 letter from the VA rating him as 70 percent disabled due to post traumatic stress disorder (PTSD); a 16 February 2001 letter from the VA rating his PTSD at 50 percent; the report of his 4 February 1966 entrance physical examination; 21 January and 22 January 1969 medical records showing evaluation for clicking sound in his  right knee; that he reportedly injured by  jumping from a helicopter in Vietnam; a VA letter, dated 9 September 2004 confirming a 10 percent rating for traumatic arthritis of the right knee; a 3 March 2006 email message about one of the applicant's identification tags being found in Vietnam and an associated photograph; a magazine article about the same 
incident; a brief letter to the applicant from an individual named Bradley A. N____, dated 17 July 2003 with handwritten notes by the applicant concerning a "short round fired by Bradley A. N____'s unit; General Orders Numbers 5558, dated 6 September 1968 and 7981, dated 22 October 1968.  These awarded the 

Army Commendation Medal and the Bronze Star Medal.  These orders have his social security number incorrect, as it was when he enlisted, but his service number is correct. 

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, on 5 July 1966, completed training and served with E Company, 1st Battalion (Airborne) 506th Infantry as a mortar gunner at Fort Campbell, Kentucky, and in Vietnam from 5 December 1967 to 26 November 1968.

3.  On 3 July 1969, the applicant was separated with an honorable discharge and transferred to the Army Reserve Control Group (Reinforcement).    

4.  The applicant's DD Form 214 lists his awards as the National Defense Service Medal, Parachute Badge, Vietnam Service Medal, Combat Infantryman Badge and the Army Commendation Medal.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank.

6.  In February 1979, a DD Form 215 was issued that corrected his Social Security Number and added the Bronze Star Medal and the Good Conduct Medal to his authorized awards and on 18 April 2003 another DD Form 215 was issued to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation.   





7.  The service medical records submitted by the applicant show that, in January 1969, the applicant was evaluated for a clicking sound in his right knee that he reportedly injured when he jumped from a helicopter in Vietnam.  The applicant was concerned that this condition might keep him from becoming a law enforcement officer.  There is no evidence to show any treatment for this injury and nothing to relate this injury to hostile action.
 
8.  The 15 March 2001 statement from an individual relates that he was the applicant's platoon leader in the fall of 1967 when enemy fire caused the base plate of a 4.2 inch mortar to be dropped thereby injuring the applicant's hand and fingers.  There is no record of treatment for any injury incurred in this incident.

9.  None of the various VA documents refer to any record of medical treatment for a wound that was sustained as the result of hostile action.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 available evidence fails to show that there is a record of treatment showing applicant was treated for a wound sustained as the result of enemy action.

2.   In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20080011098





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ABCMR Record of Proceedings (cont)                                         AR20080011098



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