IN THE CASE OF:
BOARD DATE: 13 July 2010
DOCKET NUMBER: AR20100007755
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 fragment injury to his left hand on 14 May 1969 as a result of mortar fire while serving with Company A, 2nd Battalion, 8th Infantry, in Vietnam.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 20 February 1970, and a copy of a DD Form 1380 (U.S. Field Medical Card), dated 2230 hours, 14 May [year unknown].
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 21 February 1968 and held military occupational specialty 11B (Light Weapons Infantryman).
3. His records also show he served in the Republic of Vietnam from 24 July 1968 to 22 July 1969. He was assigned to Company A, 2nd Battalion, 8th Infantry.
4. He was honorably released from active duty in the rank/grade of sergeant/E-5 on 20 February 1970 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his remaining Reserve obligation.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnamese Cross of Gallantry with Palm Unit Citation, Vietnam Service Medal with two bronze service stars, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), and Bronze Star 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 he underwent a physical examination on 20 January 1970; however, his Standard Form 88 (Report of Medical Examination) does not indicate any combat wounds and/or treatment for such wounds.
10. He submitted a copy of a DD Form 1380, dated 14 May of an unknown year, presumably 1968. This form lists his administrative data (name, service number, rank, specialty, etc.) and a diagnosis of "fragment wound in left hand, in line of duty, incoming 82mm 14 May 2230."
11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 applicant submitted a medical form that shows he sustained a fragment wound to his left hand on 14 May of an unknown year, presumably 1968. However, his name is not on the Vietnam casualty roster; his DA Form 20 does not list a combat injury; his available medical records do not reveal a combat wound/injury or treatment; and there are no official orders that indicate he was awarded the Purple Heart.
2. Notwithstanding the applicant's sincerity and the evidence he submitted, in the absence of additional documentary evidence, such as witness statements, morning reports, hospital admission cards, operation reports, or additional 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) AR20100007755
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ABCMR Record of Proceedings (cont) AR20100007755
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