IN THE CASE OF:
BOARD DATE: 19 August 2010
DOCKET NUMBER: AR20100008604
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 sustained a head injury in Vietnam when a 155 millimeter howitzer round fell short of its target. He was on guard duty outside the wire and the concussion knocked him unconscious. He was a little groggy but did manage to continue his assignment. He has had severe headaches since that time. He is currently under a doctor's care for traumatic brain injury sustained while in Vietnam. His doctor said it must be over 30 years old.
3. The applicant provides no additional documentation in support of his request. He indicates he is sending, "an article that mentions our company," but nothing was received.
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 was inducted into the Army of the United States on 16 March 1970. He completed the training requirements and was awarded military occupational specialty 11B (light weapons infantryman). He served in Vietnam from 4 September 1970 to 5 November 1971 with various units of the 1st Cavalry Division (Airmobile).
3. On 6 November 1971, he was discharged due to early overseas returnee. He was awarded the Combat Infantryman Badge, Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, [Republic of] Vietnam Campaign Medal [with Device (1960)], two Overseas Service Bars, and the Air Medal.
4. The available record contains no orders showing the applicant was awarded the Purple Heart. The Vietnam Casualty List, a compilation of all casualties during the Vietnam War, also does not show the applicant listed as a casualty.
5. 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. Unfortunately, there is nothing in the available record to show the applicant was wounded or treated for a wound that was sustained as a result of hostile action.
2. Award of the Purple Heart requires that a wound must have been sustained as a result of hostile action. The wound must have required treatment and the medical treatment must have been made a matter of official record.
3. There is no documentation to support the applicant's contention and no rationale to support the conclusion that the proffered circumstances would warrant the requested relief.
4. In view of the foregoing there is no basis for granting the applicant's request.
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) AR20100008604
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ABCMR Record of Proceedings (cont) AR20100008604
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