BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100015865
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 received an eye injury while in Vietnam after running over a land mine. He was on quarters for about 10 days with an eye patch. He still has chronic eye problems.
3. The applicant provides the following:
* a third-party letter of support
* a letter from the Veterans Administration (VA) Regional Office in Atlanta, GA
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's record shows he was inducted into the Army of the United States on 1 July 1969. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 62E (Crawler Tractor Operator).
3. Records show the applicant served in the Republic of Vietnam (RVN) from on or about 6 March 1970 to 29 January 1971. During this time he was assigned to Company D, 92d Engineer Battalion (Construction).
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
31 January 1971 and he transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. The applicant completed 1 year and 7 months of total active service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Army Commendation Medal.
6. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank.
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. The applicant's Standard Form 88 (Report of Medical Examination) for the purpose of expiration of term of service (ETS), dated 31 January 1971, shows his Distance Vision as 20/20. The applicant also indicated that he was in good health. There is no mention of any previous eye injuries contained on his form.
9. The applicant provided a personal witness statement. The witness stated that he served with the applicant in Vietnam. He further stated that in the first week of October 1970, a 5-ton dump truck hit a mine and sent shrapnel into the
applicant's truck injuring his eye. A medic was with them who washed out the injured eye. The eye injury got worse leading to the applicant's evacuation.
10. The applicant provided a letter from the Atlanta VA Regional Office states, "although there is a record of treatment in service for residuals, right eye, service connection has not been established as residuals of this condition were not found on the report of the applicant's last examination, or shown by evidence submitted by him in support of his claim."
11. 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 by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. 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 by medical personnel, or that the resulting medical treatment was made a matter of official record.
2. The applicant's third party statement and letter from the Atlanta VA Regional Office were carefully considered; however, this evidence is insufficient without corroborating documents showing medical treatment for a wound incurred as a result of enemy action.
3. In view of the foregoing, there is no 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) AR20100015543
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ABCMR Record of Proceedings (cont) AR20100015865
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