BOARD DATE: 28 January 2010
DOCKET NUMBER: AR20090013907
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 that during a mortar attack on Landing Zone English he was hit by shrapnel. He explains that while running to the bunker on 5 April 1970, he was hit with shrapnel on the back of his left hand and in the lower back. He states that he removed the metal pieces from his hand and back and cleaned the wounds himself.
3. The applicant provides a copy of his 14 June 1971 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), DD Form 215 (Correction to DD Form 214), and two statements from fellow Soldiers.
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. Records show the applicant enlisted in the Regular Army on 15 April 1968. He served in Vietnam from 28 June 1969 to 25 June 1970. He was honorably released from active duty on 14 June 1971.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not list the Purple Heart as an authorized award. Additionally, the applicant's
DD Form 215 shows he is authorized award of the Bronze Star Medal it does not show the Purple Heart as an authorized award.
4. The two supporting statements that were written by fellow Soldiers indicated that a mortar attack occurred on 5 April 1970. Both Soldiers stated that the applicant sustained wounds from mortar fragments in his hand and back. They also stated the applicant continued to perform his duties in spite of his wounds.
5. Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record) shows no entries of any wounds received.
6. There is no documentation in the available records which shows the applicant sustained wounds or was treated for wounds incurred as a result of hostile action.
7. There is no evidence or any general orders awarding the applicant the Purple Heart and his name is not listed on the Vietnam Casualty Roster.
8. 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
There are no general orders available which awarded the applicant the Purple Heart. There are no medical records available which show the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam. There is no reason to doubt the statements provided by fellow Soldiers who witnessed the mortar attack, however, without medical evidence corroborating that the applicant was wounded, there is an insufficient basis for 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.
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