IN THE CASE OF:
BOARD DATE: 12 October 2010
DOCKET NUMBER: AR20100011314
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 two awards of the Purple Heart.
2. The applicant states he was wounded on two separate occasions while he was in Vietnam. He was treated in the field both times and it was never put in his records.
3. The applicant provides a letter from the Veterans Administration (VA) and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his application.
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 30 October 1969. He served in Vietnam from 13 February 1971 to 24 January 1972.
3. His DA Form 20 (Enlisted Qualification Record) does not list any awards of the Purple Heart in item 41 (Awards and Decorations). His personnel records do not contain orders which show he was awarded any Purple Hearts.
4. His DA Form 20 does not list any wounds as a result of hostile action in item 40 (Wounds). His name is not included in the Vietnam casualty roster.
5. The applicant's service record does not contain medical documents which show he was treated for wounds received as a result of hostile action.
6. The applicant was released from active duty on 9 June 1972. His DD Form 214 does not show entitlement to the Purple Heart.
7. The applicant provided a letter from the VA, dated 5 September 1980, which shows he was granted service connection (less than 10 percent) for a shell fragment wound in his right foot and a shell fragment wound in his right lumbar area.
8. Army Regulation 600-8-22 (Military Awards) provides that 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 to which the enemy caused the injury.
DISCUSSION AND CONCLUSIONS:
1. The applicant's service record does not include medical documents which show he was treated for wounds received as a result of hostile action on two different occasions in Vietnam. His name is not listed on the Vietnam casualty roster.
2. 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 any awards of 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) AR20100011314
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ABCMR Record of Proceedings (cont) AR20100011314
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