IN THE CASE OF:
BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100016197
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 for injuries sustained to his shoulder and back while serving in the Republic of Vietnam.
2. He states sometime in May 1968 during a rainy evening he was the driver of a vehicle responsible for towing a disabled vehicle back to base camp. While driving down one of the main routes, the front wheel of his vehicle hit a hole which had been dug in order to remove an enemy landmine.
3. When his vehicle hit the hole, it rolled as a result and caused injuries to his back and shoulder. He feels he deserves the Purple Heart due to the injuries he incurred.
4. He did not provide any additional documentation in support of his request.
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. His records show he was inducted into the Army of the United States on 6 December 1967. Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 64A (Light Vehicle Driver). He was honorably released from active duty on 5 December 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. He served 2 years of active service.
3. His DA Form 20 (Enlisted Qualification Record) shows that while serving in Vietnam he was assigned to the 88th Transportation Company during the period 14 May 1968 through 21 November 1968. During this period, he was hospitalized at Camp Zama, Japan, from 1 June 1968 to 27 August 1968.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Purple Heart.
5. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.
6. His name does not appear on the Vietnam casualty roster and item 40 (Wounds) of his DA Form 20 is void of any entries.
7. His medical records are not available for review.
8. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards) states 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 must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. When contemplating an award of the Purple Heart the key issue commanders must take into consideration is the degree to which the enemy caused the injury.
DISCUSSION AND CONCLUSIONS:
1. He contends he should be awarded the Purple Heart.
2. Although his record indicates he was hospitalized there is no evidence of record and he has not provided sufficient evidence to show he was wounded as a result of hostile action. In addition, his own statement indicates his injuries were the result of hitting a hole American or allied forces may have dug (that is, to remove an enemy landmine), thereby indicating the enemy did not directly cause his injuries. Therefore, there is no basis for granting the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_________________________
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) AR20100016197
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ABCMR Record of Proceedings (cont) AR20100016197
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