IN THE CASE OF:	  

		BOARD DATE:	       12 November 2008

		DOCKET NUMBER:  AR20080013744 


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, in effect, that on or about 8 October 1970 he stepped on a pungi type foot trap and the sharpened sticks placed by the enemy ripped open his boot and foot.  The applicant contends he limped back to the compound to report the injury and to seek aid from their medics.  He continues that there was a gash on his foot that needed sutures and it was too late in the evening for a chopper to pull him out.  The applicant states the medic placed a bandage on his foot and the next morning he was taken to the aid station.  The applicant argues that he had to return to the aid station several times to have the bandages replaced and to receive antibiotics but his foot still became infected.  He concludes that he also received a 10 percent disability rating from the Veterans Administration for nerve damage to his foot.

3.  The applicant provides a one-page continuation sheet and a seven-page Standard Form 600 (Chronological Record of Medical Care) 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 enlisted in the Army on 24 June 1969 and successfully completed basic training, advanced individual training and airborne training.  Upon completion of training, he was awarded military occupational specialty 11B1P (Light Weapons Infantryman/Parachutist).   

3.  On 22 January 1970, the applicant arrived in the Republic of Vietnam and he was assigned to B Company, 1st Battalion (Airborne), 503rd Infantry, 173rd Airborne Brigade.   He departed the Republic of Vietnam on 10 December 1970.

4.  Block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart. 

5.  There are no orders in the applicant's service personnel records which show that he was awarded the Purple Heart.  There is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in Item 40 (Wounds) or list the Purple Heart in Item 41 (Awards and Decorations).  The applicant's name is not listed on the Vietnam Casualty Roster.

6.  The applicant provides a copy of a seven-page chronological record of medical care that shows he received medical treatment for a laceration to his foot he sustained on 9 October 1970.  This form does not specify the circumstances surrounding the incident in which the applicant sustained the wound.

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 military medical personnel, and the medical treatment must have been made a matter of official record.  


8.  Headquarters, 173rd Airborne Brigade General Orders Number 3021 dated 20 November 1970, awarded the applicant the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam for the period of January 1970 to January 1971 which is not shown in his records.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the Purple Heart was carefully considered.

2.  Although the applicant was treated for a laceration to his foot while serving in the Republic of Vietnam, there is no corroborating evidence present in the available records which shows the applicant was wounded as the result of a hostile action.

3.  The applicant's name does not appear on the Vietnam Casualty Roster.

4.  In the absence of eyewitness statements or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in the Republic of Vietnam, the Standard Form 600 provided by the applicant is not sufficient as a basis for award of the Purple Heart.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.

5.  General Orders dated 20 November 1970, awarded the applicant the Army Commendation Medal (First Oak Leaf Cluster).  Therefore, the applicant is entitled to have his records corrected to show this award.

6.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the Board Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  __X____  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board determined that administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Army Commendation Medal (First Oak Leaf Cluster).




      _______ _   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)                                         AR20080013744



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080013744



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1