IN THE CASE OF:
BOARD DATE: 4 January 2011
DOCKET NUMBER: AR20100016797
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.
2. He states while serving in Vietnam on 10 April 1970, he received shrapnel wounds to his left hand. The unit clerk responsible for submitting the request for award of the Purple Heart claimed to be too busy to submit the paperwork. His medical records confirm the wound.
3. He provided a copy of the following documentation:
* Special Orders (SO) Number 16, 74th Aviation Company, dated
19 February 1970
* A Standard Form (SF) 600 (Chronological Record of Medical Care)
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. His military service records show he was inducted into the Army of the United States on 5 August 1969 and enlisted in the Regular Army on 12 August 1969. Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 67B (O-1/U-6 Airplane Repairman).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) and item 30 (Remarks) of his DD Form 214 show he served in Vietnam from
11 February 1970 through 22 December 1970. Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to the 74th Aviation Company (Utility Airplane) and performed duties as a light truck driver and as a crew chief.
4. His name does not appear on the Vietnam casualty roster and item 40 (Wounds) of his DA Form 20 is void of any entries.
5. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.
6. His DD Form 214 shows he was honorably released from active duty on
8 March 1972 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve service obligation. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the Purple Heart.
7. His medical records are not available for review.
8. He submitted an SF 600, dated 10 April 1970. This medical document shows he was treated for a cut on the inside of his left hand, located at the base of his thumb. The medical attendant noted the cut was jagged and appeared to have happened just minutes before his arrival but does not indicate how he was injured. He was administered a tetanus shot and released to return to his unit the same day.
9. The SF 600 shows he returned to the medical facility on 20 and 21 April 1970 for follow-up care for the same wound. The excess skin was removed and the dressing was changed.
10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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, and the medical treatment must have been made a matter of official record. There is no statute of limitations governing requests for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. He states he should be awarded the Purple Heart for shrapnel wounds received on 10 April 1970. He contends the unit clerk was too busy to submit the necessary paperwork for award of the Purple Heart.
2. The evidence of record does show he served in Vietnam from 11 February 1970 to 22 December 1970 and he received medical treatment for a cut on his left hand on 10 April 1970.
3. Notwithstanding his service in Vietnam and the fact he did receive medical treatment for a laceration on his left hand, there is no substantiating evidence and he has not submitted sufficient evidence to verify the injury he sustained was the result of hostile action.
4. As a result, there is insufficient evidence to base award of the Purple Heart. Therefore, he is not entitled to relief requested.
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) AR20100016797
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ABCMR Record of Proceedings (cont) AR20100016797
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