IN THE CASE OF:
BOARD DATE: 10 June 2010
DOCKET NUMBER: AR20090021079
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 was shot in the hip while in the Vietnam. While recovering from this wound he developed a tuberculin infection and was discharged with a temporary disability.
3. The applicant provides no supporting documentation.
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 enlisted in the Regular Army on 9 June 1969, completed training, and was awarded the military occupational specialty 64A (Light Vehicle Driver).
3. The applicant served in Vietnam from November 1970 to 24 June 1970.
4. The applicant's complete medical record is not associated with the file. However, a 26 June 1970 Standard Form 502 (Narrative Summary), prepared as a part of his Medical Evaluation Board, states the applicant was in good health until late March 1970 when he noted the abrupt onset of pain, swelling, and tenderness over his left lateral thigh. A mass was found and a biopsy was done that tested positive for papulo-necrotic tuberculosis (TB). The applicant was medically evacuated from Vietnam for follow-up treatment and care.
5. A Physical Evaluation Board found him unfit for continuation on active duty and he was placed on the Temporary Disability Retired List effective 29 October 1970.
6. His DA Form 20 (Enlisted Qualification Record), at block 40, wounds, is blank and the Purple Heart is not listed as an authorized award.
7. His DD Form 214, dated 29 October 1970, does not include the Purple Heart among his authorized awards.
8. A review of the Vietnam Casualty Roster failed to locate the applicant's name.
9. Army Regulation 600-8-22,(Military Awards), paragraph 2-8 provides that the Purple Heart is awarded for a wound sustained while in action against the enemy or as a 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 states he was shot in the hip while in the Vietnam. While recovering from this wound he developed a tuberculin infection and was discharged with a temporary disability.
2. The available evidence does not show that the applicant received any wound sustained while in action against the enemy or as a result of hostile action.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20090021079
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ABCMR Record of Proceedings (cont) AR20090021079
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