BOARD DATE:	  21 September 2010

		DOCKET NUMBER:  AR20100012196 


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 in the left groin/thigh area while in Vietnam.  He states he was treated in the field, but never "put in" for the Purple Heart.  He notes the Purple Heart is important for veterans' benefits.

3.  The applicant provides a copy of his 1972 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and progress notes from a Department of Veterans Affairs Medical Center which were printed in February 2010, but written between 1996 and 2003.

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.  Records available to the Board indicate the applicant enlisted in the Regular Army and entered active duty on 19 June 1970.  He was trained as a combat engineer and in November 1970 he was assigned to an engineer battalion in Vietnam.  His record of principal duties shown on his DA Form 20 (Enlisted Qualification Record) indicates he performed duties as a radio teletype operator, security, and combat construction specialist.

3.  The applicant's record shows he was convicted by a special court-martial in November 1971 for possession of heroin.  Orders issued on 17 December 1971 show the applicant departed Vietnam on or about 18 December 1971 in a patient status en route to the U.S. Army Hospital at Fort Carson, Colorado.

4.  The applicant's records are devoid of any medical treatment records.  Item 40 (Wounds) of his DA Form 20 is blank.  His name is not among the list of individuals reported as combat casualties during Vietnam.

5.  On 2 February 1972, the applicant, who was then assigned to the medical holding detachment at Fort Carson, was released from active duty with an honorable characterization of service.

6.  There is no indication he was ever awarded the Purple Heart.

7.  The  medical progress notes provided by the applicant contain references to him having reported that he sustained a wound to his left thigh while in Vietnam.  He reported the following:

	a.  that shrapnel was removed from his left thigh in the 1970's (reported May 2000);

	b.  that he was on a gun truck that either rolled over or got hit with something and then seeing blood on one of his pant legs from shrapnel.  He noted he was evacuated to a field hospital where he remained for "probably a week" (reported May 2000);

	c.  while in a convoy, his truck hit a claymore and he was hit with shrapnel (reported in 2002); and

	d.  that he served in Vietnam as a gunner on a gun truck and after being wounded in the leg by shrapnel, he was assigned to gate security (reported May 2003).


8.  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 medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart for wounds incurred during his service in Vietnam.  While the applicant’s records do indicate he was evacuated from Vietnam in a patient status and was a member of a Medical Holding Detachment at the time of his discharge, it is possible; the applicant’s evacuation was related to his heroin use.  The fact he was not reported as a combat casualty on the Vietnam Casualty Roster supports such a conclusion.

2.  The information contained in the applicant’s medical progress notes recorded between 1996 and 2003, years after his separation from active duty, is not sufficient to confirm entitlement to the Purple Heart in the absence of medical treatment records from his period of service in Vietnam.  Therefore, the applicant is not entitled to award of the Purple Heart.

3.  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 

___x_____  ___x____  ___x___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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)                                         AR20100012196



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ABCMR Record of Proceedings (cont)                                         AR20100012196



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