IN THE CASE OF:
BOARD DATE: 2 November 2010
DOCKET NUMBER: AR20100011880
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 and correction of his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.
2. The applicant states he was riding in the back of a pick-up truck approaching the rear gate at An Khe Base in Vietnam. He ended up unconscious in the Song Ba River and he was medically evacuated from Vietnam. He was told the pick-up had hit a mine.
3. The applicant provides a transmittal document from the Saint Louis County (MN) Veterans Service Office.
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 served in the Regular Army from 27 February 1969 to 26 February 1971. He was an infantry indirect fire crewman and he served 9 months and 16 days of service in Vietnam.
3. The applicant's records contain no orders awarding him the Purple Heart. His DA Form 20 (Enlisted Qualification Record) for the period 1969 to 1971 is not available; therefore, Item 40 (Wounds) cannot be reviewed.
4. The applicant's medical records do not contain any information regarding him being wounded in action. His medical records do contain information regarding a vehicle accident on 25 December 1970 at An Khe. He broke his collarbone and he was medically evacuated. There is no evidence his injury was caused by enemy action.
5. The applicant's name does not appear on the Vietnam Casualty Roster.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 required treatment by medical personnel; and the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records contain no orders awarding him the Purple Heart and his DA Form 20 is not available for review. His medical records show he was injured in a vehicle accident; however, they do not show he was wounded as a result of hostile action. He is also not listed on the Vietnam Casualty Roster.
2. In view of the foregoing, there is insufficient evidence as a 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) AR20100011880
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ABCMR Record of Proceedings (cont) AR20100011880
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