IN THE CASE OF:
BOARD DATE: 4 February 2010
DOCKET NUMBER: AR20090013258
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 he was wounded in combat and medically evacuated from Vietnam.
3. The applicant does not provide anything in support of his request.
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 applicants 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 applicants 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 show that he enlisted in the Regular Army on 15 August 1969, was awarded the military occupational specialty of ammunition storage specialist, and was promoted to pay grade E-4.
3. The applicant arrived in Vietnam on 27 February 1970. On 20 July 1970, the applicant was medically evacuated from Vietnam.
4. On 1 September 1971, a Medical Evaluation Board (MEBD) was convened. The MEBD's narrative summary stated the applicant had episodes of abdominal pain and vomiting during basic combat training. This pain and vomiting increased after advanced individual training and medical tests were then performed to determine the cause, with no success. After the applicant's assignment to Vietnam his abdominal pain and vomiting increased in severity. He was given an upper gastrointestinal series in Vietnam which revealed an active peptic ulcer. He was then medically evacuated to Japan and later to the United States. The applicant then had a hemigastrectomy and vagotomy. Post operatively, the applicant experienced problems and was diagnosed with postgastrectomy dumping. He was treated for that condition but failed to improve. The MEBD determined that the applicant was medically disqualified and referred him to a Physical Evaluation Board (PEB). The MEBD did not make any mention of the applicant being wounded in action.
5. The PEB determined that the applicant was physically unfit due to postgastrectomy syndrome and recommended that he be placed on the Retired List for physical unfitness.
6. Accordingly, on 3 December 1971 the applicant was placed on the Temporary Disability Retired List (TDRL) for physical unfitness. The applicant's DA Form 20 (Enlisted Qualification Record), Item 40, Wounds, has no entry.
7. A review of the Vietnam Casualty List failed to reveal the applicant's name.
8. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant was medically evacuated from Vietnam due to a peptic ulcer, not a wound.
2. The applicant's records do not contain any evidence that he was wounded or treated for wounds incurred as a result of hostile action.
3. As such, there is no basis for granting his request.
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.
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