BOARD DATE:	  25 May 2010

		DOCKET NUMBER:  AR20090020160 


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 he should have been awarded the Purple Heart for a war wound (right arm) sustained on 22 February 1969 in Vietnam.  He indicates he did not feel at the time he deserved the Purple Heart because his friend died that day saving his life by covering an enemy grenade with his body.

3.  The applicant provides:

* DD Form 214 (Report of Transfer or Discharge)
* orders for the Bronze Star Medal with "V" Device
* two eyewitness statements
* statement from his brother
* personal account of his unit's mission on 22 February 1969  

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 on 
20 September 1967.  He served as a light weapons infantryman in Vietnam from 8 May 1968 to 7 May 1969.  On 7 May 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

3.  The applicant's DD Form 214 does not show the Purple Heart as an authorized award.  

4.  There are no orders for the Purple Heart in the applicant’s service personnel records.  

5.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank.  The applicant's name does not appear on the Vietnam Casualty Roster.

6.  The applicant received the Bronze Star Medal with "V" Device for heroism on 22 February 1969 in Vietnam.  The citation for this award does not show he was wounded in action on that day.

7.  On 7 May 1969, the applicant underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.  Item 35 (Upper Extremities) of his Standard Form 88 (Report of Medical Examination), dated 7 May 1969, shows he was rated normal.

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart. 

9.  In support of his claim, the applicant provided two eyewitness statements from fellow Soldiers at the time in question.  One Soldier attests on 22 February 1969, while on a combat mission, a Soldier covered a grenade with his body and saved the lives of other Soldiers.  He states the applicant was wounded by shrapnel from the enemy grenade during that mission.  The other Soldier states the applicant took shrapnel from a Viet Cong grenade during an encounter on 
22 February 1969.  He also provided a statement from his brother who states the applicant removed a small piece of metal from his arm with a pocket knife after returning from Vietnam.     

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should have been awarded the Purple Heart for a war wound (right arm) sustained on 22 February 1969 in Vietnam.  

2.  There is no evidence of record which shows the applicant was wounded or injured as a result of hostile action in Vietnam.  His citation for the Bronze Star Medal with "V" Device does not show he was wounded on 22 February 1969.  His separation physical examination, dated 7 May 1969, makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.  

3.  There are no orders for the Purple Heart in the available records.  In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the eyewitness statements provided by the applicant are 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.

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)                                         AR20090020160





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ABCMR Record of Proceedings (cont)                                         AR20090020160



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