IN THE CASE OF:	  

		BOARD DATE:	  2 September 2010

		DOCKET NUMBER:  AR20100009835 


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 following:

* He was blown out of a 5-ton dump truck about March 1966 to June 1966
* He was taken to the field hospital, 36th Evacuation Hospital, in Black Horse, Vung Tau, Vietnam
* A Purple Heart does not appear on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) or in his records
* He recently found out he was eligible for a Purple Heart
* He was told he was only hit between his legs and would require a circumcision 
* He was hospitalized for 14 days

3.  The applicant provides the following documents in support of his application:

* Sworn statement from a former fellow Soldier
* DD Form 214
* Internet information on the 27th Engineer Battalion (Combat) (Airborne) and the 36th Evacuation Hospital
* Certificate of Live Birth
* Photograph of the 36th Evacuation Hospital
* Photocopy of his identification card, driver’s license, and social security card 
* Letter from the Social Security Administration
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 20 October 1965.  He served in Vietnam from 24 October 1966 to 22 October 1967 with Company D, 27th Engineer Battalion (Combat).  

3.  His DA Form 20 (Enlisted Qualification Record) does not list the Purple Heart in item 41 (Awards and Decorations).  His personnel records do not contain orders which show he was awarded the Purple Heart.  His DA Form 20 does not list any wounds as a result of hostile action in item 40 (Wounds).  His name is not included on the Vietnam Casualty Roster.

4.  The applicant’s service record does not contain medical documents which show he was treated for wounds received as a result of hostile action.  

5.  The applicant was released from active duty on 26 September 1969.  His DD Form 214 does not show entitlement to the Purple Heart.  

6.  The applicant provided a sworn statement from a former fellow Soldier who stated the following:

* He served with the  applicant in Vietnam
* He and the applicant were assigned to a combat engineer company
* He remembers when the applicant was wounded and was sent to the hospital for 14 days after his truck was blown up

7.  Army Regulation 600-8-22 (Military Awards) provides 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.  This regulation states that when contemplating award of the Purple Heart, the key issue that commanders must take into consideration is the degree in which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not the sole justification for award.  It further states that injuries or wounds which clearly do not justify award of the Purple Heart include accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was blown out of a 5-ton dump truck about March 1966 to June 1966 and was taken to the 36th Evacuation Hospital in Black Horse, Vung Tau, Vietnam.  However, the evidence of record shows the applicant did not arrive in Vietnam until October 1966 and his service record does not include medical documents which show he was treated for wounds received as a result of hostile action.  

2.  The letter of support from the former fellow Soldier is acknowledged.  However, this document alone is insufficient as a basis to grant award of the Purple Heart in this case.

3.  The applicant’s service record does not contain orders which authorized him award of the Purple Heart and his name is not listed on the Vietnam Casualty Roster.  In the absence of any other corroborating evidence of record which shows the applicant was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.

4.  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)                                         AR20100009835





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ABCMR Record of Proceedings (cont)                                         AR20100009835



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