IN THE CASE OF:
BOARD DATE: 2 November 2010
DOCKET NUMBER: AR20100012419
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 while he was in Vietnam, he was riding in the back of a dump truck when it hit a land mine. His leg was cut when he was thrown out of the truck. Since his leg was not cut badly (it only required two butterfly bandages), his lieutenant didn't put him in for the Purple Heart.
3. He did not pursue his Purple Heart earlier, but now needs it since Department of Veterans Affairs (VA) health benefits are only given to poor veterans or veterans who have been awarded the Purple Heart.
4. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a picture of a Soldier standing by a damaged truck, and a picture of what appears to be a blast hole in a dirt road.
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 applicants military records show that he enlisted in the Regular Army on 13 September 1966, was awarded the military occupational specialty of construction machine operator, served in Vietnam from 21 February 1967 to 25 September 1968, and was promoted to pay grade E-4.
3. On 25 June 1969, the applicant was given a separation physical examination. While the applicant listed having a cyst behind his neck removed in Vietnam, he did not mention being wounded during this physical examination.
4. The applicant's military records do not contain any mention of him being wounded or any orders awarding him the Purple Heart.
5. The applicant's DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds) is blank.
6. The Vietnam Casualty List does not contain the applicant's name.
7. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence in the applicant's records to corroborate the applicant's contention that he was wounded.
2. Without evidence to show that the applicant was wounded and he received medical treatment for his wound, he is not entitled to a Purple Heart.
3. The Board does not change a properly constituted record in order to establish entitlement to benefits from other Agencies.
4. In view of the foregoing, there is no basis for granting the applicants request.
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) AR20100012419
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ABCMR Record of Proceedings (cont) AR20100012419
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