BOARD DATE:	  18 November 2010

		DOCKET NUMBER:  AR20100012144


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, in effect, that he was wounded in Cat Lo, South Vietnam while on a night patrol with the Navy.  He states he received wounds in both legs below the knee and he was treated at a Navy triage point.  

3.  The applicant provides the following: 

* a third-party letter of support with allied documents
* medical progress notes from the Iron Mountain Veterans Affairs (VA) Medical Center

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's record shows he was inducted into the Army of the United States on 18 January 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 61C (Marine Engineer).  On 5 December 1967, he was awarded MOS 64A (Light Vehicle Driver).  

3.  Records show the applicant served in the Republic of Vietnam (RVN) from on or about 8 May 1968 to 10 January 1969.  During this time he was assigned to the 458th Transportation Company, 92nd Military Police Battalion, 18th Military Police Brigade.  

4.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on   11 January 1969 and transferred to the USAR Control Group (Annual Training).  The applicant completed 1 year, 11 months, and 24 days of total active service.   

5.  The applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), shows he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, and the Vietnam Service Medal.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), item 40 (Wounds), does not contain any entries identifying casualty wounds sustained by the applicant during his service in Vietnam. 

7.  The applicant's available records do not contain any orders for the Purple Heart, nor does his name appear on the Vietnam Casualty Listing.

8.  A review of the applicant's available medical documents did not reveal any information pertaining to the treatment of any wounds or injuries sustained by the applicant during his service in Vietnam. 

9.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart.

10.  The applicant provided a personal witness statement.  The witness stated that he served as the applicant's noncommissioned officer in charge (NCOIC) in Vietnam during the years 1968 and 1969.  He further stated that on one occasion, while at the U.S. Naval base at Cat Lo, South Vietnam, the applicant returned from evening patrol with wounds that required treatment.  Finally, the witness recalled that the applicant was treated and released, and that the applicant was able to complete his mission that evening. 

11.  The applicant provided medical progress notes from the Iron Mountain VA Medical Center, which state the applicant complained of persistent knee pain, resulting from shrapnel wounds suffered in Vietnam.   

12.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show award the Purple Heart was carefully considered; however, there is insufficient evidence to support this claim.

2.  Neither the applicant's available records, nor the Vietnam Casualty Listing, provide any evidence that the applicant was wounded, that those wounds were the result of hostile action that required treatment, or that the resulting medical treatment was made a matter of official record.

3.  The applicant's third party statement and medical progress notes were considered in this case, however, there is no additional evidence in the available records which show the applicant sustained and was treated for wounds sustained as a result of hostile action.  Absent such evidence there is an insufficient basis on which to grant award of the Purple Heart.

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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20100012144



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