IN THE CASE OF:	  

		BOARD DATE:	    8 June 2010

		DOCKET NUMBER:  AR20090020750 


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 suffered a right foot injury when he stepped on a bamboo booby trap while in combat in Vietnam.  A fellow Soldier removed the bamboo from his foot and cleaned the wound the best he could under the circumstances, wrapped it with a dirty rag, and they continued their mission.  He did not get further medical treatment until he returned to U.S. soil and he went to a doctor on base because his foot was hurting.

3.  The applicant provided his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 6 March 1969; a letter from the National Personnel Records Center, dated 10 June 2009; a Standard Form 519 (Radiographic Report), dated 7 November 1968; and a Standard Form 600 (Chronological Record of Medical Care), dated 7 November 1968.

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's records show he was inducted into the Army of the United States on 7 March 1967 and held military occupational specialty 31B (Field Communications Electronics Equipment Mechanic).

3.  His records show he served in the Republic of Vietnam from on or about 11 September 1967 to on or about 8 September 1968.  He was assigned to Company A, 86th Engineer Battalion.

4.  He was honorably released from active duty in the rank/grade of specialist four/E-4 on 6 March 1969 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16), National Defense Service Medal, two overseas service bars, Republic of Vietnam Campaign Medal with Device (1960), and Vietnam Service Medal.

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank and item 41 (Awards and Decorations) of this form does not show award of the Purple Heart.

7.  His records do not contain official orders awarding him the Purple Heart and his name is not shown on the Vietnam casualty roster.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

9.  His available medical records show the following entries:

	a.  Standard Form 600, dated 7 November 1968, Weed Army Hospital, Fort Irwin, CA, shows the entry "suffered alleged fragment wound to right foot in June 1968 in Vietnam; nothing in records.  Alleges anesthesia over entire foot; well healed."

	b.  Standard Form 89 (Report of Medical History), dated 13 February 1969, shows the entries "I am in good health" and "no significant problems."

	c.  Standard Form 519, dated 7 November 1968, shows the entry "wounded right foot June 1968."

10.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 evidence of record shows the applicant sustained a fragment wound to his right foot in Vietnam in or around June 1968.  He was treated at Weed Army Hospital, Fort Irwin, CA, on 7 November 1968.  However, it is unclear if this injury was caused by hostile action, friendly fire, or by accident.  There is insufficient evidence to show what caused his injury.

2.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

3.  His record is void of any orders that show he was awarded the Purple Heart, his name is not shown on the Vietnam casualty roster, and his DA Form 20 does not indicate any reportable wounds.  Notwithstanding his sincerity, in the absence of corroborating evidence that conclusively shows he was wounded or injured as a result of hostile action, there is insufficient evidence upon which to award him 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)                                         AR20090020750



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ABCMR Record of Proceedings (cont)                                         AR20090020750



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