IN THE CASE OF:	  

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100016535 


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 correction of his military records to show award of the Purple Heart.

2.  The applicant states he should have been awarded the Purple Heart for an injury to the little finger of his left hand.  He contends that he was suffering from battle fatigue in the Republic of Vietnam (RVN) and was not in the right frame of mind to inform his superiors about his injury so that the Purple Heart could be requested.

3.  The applicant provides copies of a picture of himself with his left wrist bandaged and two letters purporting to have been written by him to his fiancée describing the incident.

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.  On 28 July 1966, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 51B (Carpenter).

3.  On 2 November 1966, the applicant departed Fort Leonard Wood, Missouri, for duty in the RVN.  He was subsequently assigned to Company B, 577th Engineer Battalion.

4.  On 5 December 1967, the applicant returned to the United States for duty at Fort Meade, Maryland.

5.  On 25 July 1969, the applicant was released from active duty.  He had attained the rank of specialist five, pay grade E-5 and had completed 2 years, 
11 months and 28 days of creditable active duty.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists his awards as the Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with 1960 Device, and the Expert Marksmanship Qualification Badge with Rifle Bar.

7.  The applicant’s name is not listed on the Vietnam Casualty Roster.

8.  Item 40 (Wounds) of the applicant’s Enlisted Qualification Record (DA Form 20) is blank.

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

10.  Army Regulation 600-8-22 provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  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.

11.  The two letters provided by the applicant essentially relate how he had endured daily small arms and mortar attacks while working on an airfield.  During one of these mortar attacks he ran to get off the runway.  A mortar hit behind him knocking him to the ground.  He cut his left finger to the bone requiring 15 stitches.  He also injured his thumb requiring another 5 stitches.  He sprained his left wrist and both his right elbow and right knee became swollen.  He further wrote that he spent 2 days in the dispensary and was returned to duty.  He also stated that he should get the Purple Heart but if getting it required his platoon sergeant to put him in for it, he doubted he would receive it because his platoon sergeant was always drunk or high and did not know what was happening half of the time.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his military records to show award of the Purple Heart.

2.  There are no general orders showing the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  Item 40 of his DA Form 20 is blank.

3.  The photograph provided by the applicant shows a picture of a Soldier with his left wrist bandaged.  However, it is undated and has no identifying notations indicating that it is a picture of the applicant.

4.  The letters provided by the applicant appear to have been written by him and provide detail of an incident involving injury that would possibly have qualified for award of the Purple Heart.  However, there is no available medical documentation to corroborate his statement of the event.  Without such corroboration, the applicant's request for award of the Purple Heart should be denied.









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)                                         AR20100016535





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ABCMR Record of Proceedings (cont)                                         AR20100016535



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