IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100019357 


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 was injured while he was in the lead truck in a convoy when a landmine was detonated under the truck.  A warrant officer was a passenger in his truck and he did the paperwork for him to be awarded the Purple Heart.

3.  The applicant provides copies of:

* two statements from fellow Soldiers
* a letter, dated 25 September 1972, from the Veterans Administration (VA)
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 17 September 1969

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.  The applicant was inducted into the Army of the United States on 
13 December 1967.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 63F (Recovery Specialist).

3.  The applicant was assigned to the 725th Maintenance Battalion in the Republic of Vietnam from 4 September 1968 to on or about 17 September 1969.

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

5.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.

6.  On 17 September 1969, the applicant was honorably released from active duty by reason of expiration of his term of service.  He had completed 1 year,
9 months, and 5 days of total active service.  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.

7.  There are no orders in his military personnel records awarding him the Purple Heart.  His name does not appear on the Vietnam casualty listing.  His service medical records were not available for review.

8.  In a statement, dated 2 July 1972, a fellow Soldier states he was riding in the convoy when the applicant's truck struck a mine.  He states the mine knocked off the right front wheel and fender of the applicant's vehicle.  He states the applicant was bleeding over one of his ears.  He remembers that he and some of the other Soldiers were wondering why the applicant was never awarded the Purple Heart.

9.  In a statement, dated 30 July 1972, a fellow Soldier stated he was not present in the convoy in which the applicant was injured.  He stated he had some pictures of the truck after the incident, but he could not find them at the time.

10.  The letter, dated 25 September 1973, from the VA states the applicant is service-connected for an ear condition and a left leg condition, both rated at zero percent disabling.

11.  Army Regulation 672-5-1 (Military Awards), then in effect, provided that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who while serving under competent authority in any capacity with one of the U.S. Armed Services had been wounded, killed, or who had died as a result of 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.

DISCUSSION AND CONCLUSIONS:

1.  Item 40 of the applicant's DA Form 20 is blank and he is not listed on the Vietnam casualty listing.  There is no record of the applicant having been treated for wounds received as a result of hostile action.

2.  The applicant's description of the mine explosion was reviewed.  The statements from two fellow Soldiers were also reviewed; however, one of them had stated he was not present in the convoy.  There is no official documentation or any evidence provided by the applicant to corroborate his statement or his fellow Soldiers' statements.

3.  In the absence of military records which show the applicant was injured as a result of enemy action and treated for these injuries, there is insufficient evidence upon which to base award of the Purple Heart in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ___X____  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20100019357



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ABCMR Record of Proceedings (cont)                                         AR20100019357



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