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ARMY | BCMR | CY2009 | 20090017575
Original file (20090017575.txt) Auto-classification: Denied

		BOARD DATE:	  22 April 2010

		DOCKET NUMBER:  AR20090017575


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 his combat-related injuries were not documented to his knowledge.  But he wants to leave his children and grandchildren his awards and decorations earned in service to his country.

3.  The applicant further states in late October 1969 his unit – Company C, 1st Battalion, 5th Cavalry – was located at Quan Loi, Republic of Vietnam.  He was on bunker duty when enemy rounds began impacting.  He and another Soldier ran for the bunker.  He felt a stinging in his lower back and there was blood; he had been hit by shrapnel.  His buddy bandaged him and he saw the doctor in the morning.  The doctor treated him twice a day and even picked leaches out of the wound.  He adds he has no records of this wound or treatment.

4.  The applicant provides a copy of a 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 was inducted into the Army of the United States for 2 years on 25 March 1969.  He served until 22 December 1969 when he was discharged to enlist in the Regular Army for 3 years.  He served a total of 2 years, 9 months, and 27 days before being honorably separated.  He had Vietnam service from 1 October 1969 to 30 September 1970.

3.  The following information pertinent to the applicant's request was gleaned from official records:

* there are no orders awarding him the Purple Heart
* his DD Form 214 does not list the Purple Heart
* his DA Form 20 (Enlisted Qualification Record) does not list the Purple Heart or any wounds
* his name does not appear on the Vietnam casualty list
* his complete medical records are not available

4.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any award of the Purple Heart orders on file for the applicant.

5.  The applicant's separation physical examination is available.  It does not mention any wound.

6.  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:  (1) the wound was the result of hostile action, (2) the wound required medical treatment, and (3) the medical treatment was made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart.

2.  In order to receive the Purple Heart, there must be a wound resulting from hostile action, the wound must be treated, and the treatment must be recorded.

3.  There is no evidence to show the applicant was wounded or treated for a wound.

4.  The applicant admits his combat-related injuries were not documented.

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)                                         AR20090017575



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20090017575



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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