BOARD DATE:	  29 July 2010

		DOCKET NUMBER:  AR20100007228 


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 the medic who treated him in Vietnam forgot to put him in for the Purple Heart. 

3.  The applicant provides:

* two eyewitness statements from a fellow Soldier
* letter from his wife

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 enlisted in the Regular Army on 24 April 1968 for a period of 3 years.  He served as a light weapons infantryman in Vietnam from 23 November 1968 to 23 November 1969.  On 15 April 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining military service obligation.

3.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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.  On 12 January 1971, 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.  He reported that his health was good on his Standard Form 89 (Report of Medical History), dated 12 January 1971, and in item 20 (Have You Ever Had or Have You Now) of this form the applicant marked "No" to hearing loss.

7.  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 United States Army Human Resources Command, failed to reveal orders for the Purple Heart. 

8.  In support of his claim, the applicant provided two eyewitness statements from a fellow Soldier for the time in question.  He attests:

* he was in Vietnam at the time the applicant was wounded
* in July 1969, the applicant was on guard duty when a rocket came in and blew up behind him
* he remembers the shrapnel came out of the applicant's body
* he remembers the medic saying he would put the applicant in for the Purple Heart
* he always thought the applicant received the Purple Heart
* they were both in the 1st Air Cavalry in Vietnam
* the last time he saw the applicant he could barely hear him
* they both have tinnitus (ringing in the ears) and are trying to get help from the Department of Veterans Affairs

9.  The applicant also provided a letter from his wife.  She attests:

* the applicant was wounded in action in July 1969 while pulling green line bunker guard duty in Vietnam from an explosion of unknown origin
* he received bleeding flesh wounds from shrapnel in his back and extensive hearing loss in both ears from the nearby explosion
* his hearing gradually returned but not completely
* from the time of the explosion until now he suffers from partial hearing loss accompanied by tinnitus in both ears
* he was treated by a medic for injuries at the time in question and the medic informed him he would put him in for the Purple Heart
* her husband never received the Purple Heart
* her husband told her he would pick the pieces of shrapnel out himself which is why there are no medical records of his continued treatment 
* after they were married she removed numerous pieces of shrapnel from his back and applied disinfectant medication

10.  Army Regulation 600-8-22 (Military Awards) provides 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 the medic who treated him in Vietnam forgot to put him in for award of the Purple Heart.

2.  The applicant's wife's contentions that he was wounded in action in July 1969 while on guard duty in Vietnam from an explosion of unknown origin and that he received bleeding flesh wounds from shrapnel in his back and extensive hearing loss in both ears were noted.  However, the applicant's separation physical examination, dated 12 January 1971, makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.  In addition, item 20 of his Standard Form 89, dated 12 January 1971, shows the applicant marked "No" to hearing loss.

3.  There is no evidence of record which shows the applicant was wounded or injured as a result of hostile action in Vietnam.  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)                                         AR20100007228



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)