BOARD DATE:	  2 September 2010

		DOCKET NUMBER:  AR20100007970 


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 wounded in the Republic of Vietnam (RVN) when an enemy grenade exploded a short distance from him.  The explosion caused injuries to his right elbow.  His records reflect a residual injury to his right elbow for which he was awarded compensation.  He also states, "I'm asking the Board to reconsider my request due to I have written twice to be awarded a Purple Heart for my injury that occurred by the enemy in Vietnam." 

3.  The applicant provides copies of a DA Form 8-275-3 (Clinical Record Cover Sheet), records of a Veterans Administration Hospital (VAH) special surgical evaluation and neuropsychiatric examination, a Standard Form 509 (Doctor's Progress Notes), and a Standard Form 600 (Chronological Record of Medical Care).

CONSIDERATION OF EVIDENCE:

1.  The applicant indicates the Army Board for Correction of Military Records (ABCMR) previously considered and denied the applicant’s request for award of the Purple Heart.  There is no evidence in ABCMR records of any previous requests; therefore, this case is being considered as the first application.

2.  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 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.

3.  The applicant enlisted in the Regular Army on 21 June 1965 and was trained in and awarded military occupational specialty 11C (Indirect Fire Crewman).  He was discharged on 10 January 1968 after completing 2 years, 5 months, and 
13 days of active military service.

4.  A DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) he served in Vietnam from on or about 25 January 1966 to on or about 21 January 1967.  Item 40 (Wounds) is blank, and item 41 (Awards and Decorations) does not show the Purple Heart.

5.  The applicant's Official Military Personnel File (OMPF) is void of orders showing he was awarded the Purple Heart.  

6.  The applicant's name is not listed on the Vietnam Casualty Roster.

7.  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 U.S. Army Human Resources Command, failed to reveal orders pertaining to the applicant.

8.  During his discharge proceedings, the applicant provided a statement, dated 14 November 1967, indicating he was wounded in June 1966, hospitalized for his injuries, and "put in for various medals, which [he] refused, including the Purple Heart."

9.  His OMPF contains a Standard Form 89 (Report of Medical History) completed prior to his discharge.  Item 39 (Physician's Summary and Elaboration of All Pertinent Data) shows the examining physician noted a "swollen [and] painful joint in RT elbow due to wounds in RVN."

10.  The applicant's complete service medical records are not available to the Board for review.

11.  The DA Form 8-275-3 provided by the applicant shows, on 21 June 1966, he was admitted to the 85th Evacuation Hospital with a diagnosis of cellulitis in his right elbow and right knee incurred in the line of duty (LOD).  

12.  The special surgical evaluation provided by the applicant, dated 15 January 1969, shows he stated to a VAH doctor he sustained a puncture wound of his right elbow and a contusion of the dorsum of his right 3d metacarpophalangeal joint with an associated fracture in that area when a Viet Cong hand grenade exploded a short distance away.  He explained to the doctor that his injuries were not due to metallic foreign bodies, but were due to pieces of flying wood.  He described a rather severe infection at the site of the puncture wound in his elbow.  

	a.  The doctor's examination of the applicant's right elbow revealed a well-healed 1-centimeter scar directly over the point of the olecranon process.  The doctor noted no ongoing issues and wrote, "Apparently the infection that followed was the chief source of the patient's trouble and it has completely subsided."  

	b.  Examination of the applicant's hand revealed a 1-centimeter scar on the dorsum of the web between the third and fourth fingers.  

13.  The neuropsychiatric examination provided by the applicant, also dated 
15 January 1969, shows he stated he was wounded in June 1966 and received shrapnel wounds to his hands and arms.  He stated the wounds were superficial.

14.  The Standard Form 509 provided by the applicant shows he was treated for olecranon bursitis with surrounding cellulitis and cellulitis of the right knee.  The olecranon abcess was incised and drained (I&D).  The form shows he received medical treatment on 21 June.  The year is not specified, but the date corresponds to the date he was admitted to the 85th Evacuation Hospital.  

15.  Army Regulation 600-8-22 (Military Awards) states 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's request for award of the Purple Heart is not supported by the evidence.

2.  The evidence of record shows the applicant received medical treatment for olecranon bursitis with surrounding cellulitis in June 1966, the month in which he claims he was wounded.  Other than his own statements made to doctors and the authority who approved his discharge, the evidence of record does not show he was wounded as the result of hostile action.  In the absence of official documentation substantiating his statements, there is insufficient evidence to verify his entitlement to the Purple Heart.

3.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20100007970





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)