BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100010059 


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 on 21 March 1969 and treated at the battalion aid station and he was subsequently treated at the 15th Medical Evaluation Hospital.  However, due to the number of injuries that occurred at the time he was wounded his injury was minor and he never pursued award of the Purple Heart. 

3.  He states, in effect, on the morning of 21 March 1969 his unit came under attack.  He states he was not wounded as badly as some of the others so he just went to the battalion aid station where he was told he had a concussion and “holes” in his eardrums.  He states by the time he returned to the unit area his company had already dispatched a list of the wounded and when asked about being added to the list he told them “never mind.”  He states he was not aware of what the Purple Heart meant at the time.

4.  The applicant provides:

   a.  A copy of his 1970 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge);

   b.  An extract from a May 2002 Reader’s Digest in which he highlights an article (A Soldier’s Story) authored by Robert Hodierne;

   c.  A 16 June 1969 letter from Brigadier General A. R. B___ to the applicant’s parents which mention the applicant “was returned to duty shortly after being wounded”;

   d.  A 16 June 1969 letter from an infantry officer to the applicant’s father noting the applicant was “slightly wounded during an attack on the night of         21 March 1969…taken to the battalion aid station complaining of possible damage to his ears…”;

   e.  Copies of three letters written by the applicant to his parents in 1969;

   f.  Three letters of support, authored in 2009, by the applicant’s sister, brother, and father; and

   g.  Documents from 1st Cavalry Division associates dated in 2005.

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 available evidence indicates the applicant was inducted and entered active duty on 7 May 1968.  He was trained as an infantryman and in October 1968 he was assigned to a cavalry unit with the 1st Cavalry Division in Vietnam.

3.  The applicant remained in Vietnam until October 1969, he returned to the United States and he was briefly assigned as a clerk typist at Fort Eustis, Virginia before being released from active duty with an honorable characterization of service on 6 May 1970.

4.  An April 1970 report of medical examination that was conducted in preparation for the applicant's separation from active duty did not reference that he had any hearing issues or problems with his ears.  It also did not mention he was treated for any wounds sustained as a result of hostile action.
5.  Item 40 (wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) contains no entries, his name is not among a list of individuals reported as combat casualties during the Vietnam conflict, and there is no evidence the applicant was ever awarded a Purple Heart or treated for any wounds which would warrant award of the Purple Heart.

6.  The applicant’s records do, however, show he was awarded an Air Medal, a Bronze Star Medal and a Combat Infantryman Badge while in Vietnam.

7.  In October 1975, the applicant underwent a physical examination as part of his application to return to military service as a member of the United States Army Reserve.  There was no mention of treatment for any wounds sustained as a result of hostile action while in Vietnam.

8.  The documents provided by the applicant note he was "slightly" wounded while in Vietnam and the documents associated with the 1st Cavalry Division recounts significant enemy actions on 21 March 1969; however, none of these documents mention the applicant was wounded during the encounter.

9.  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 a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  Although limited correspondence suggests the applicant may have been wounded while in Vietnam unfortunately, in the absence of evidence the applicant required treatment for any wounds sustained as a result of hostile action while in Vietnam and that the treatment was made a matter of official record there is no basis to award the applicant the Purple Heart.

2.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms






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)                                         AR20100010059



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ABCMR Record of Proceedings (cont)                                         AR20100010059



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