IN THE CASE OF:
BOARD DATE: 10 February 2011
DOCKET NUMBER: AR20100019848
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:
* On 1 April 1971 he was clearing a mine field in Vietnam when he stepped on a land mine
* The blast blew off his right foot and temporarily deafened him
* He was transported by helicopter to a hospital where his leg was amputated below the right knee
3. The applicant provides:
* DD Form 214 (Report of Transfer or Discharge)
* Service medical records
* Medical Board Proceedings
* VA Form 21-6782 (Original Disability Compensation)
* Letter, dated 16 October 2009, from the National Personnel Records Center in St. Louis, MO
* Department of Veterans Affairs documentation
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 enlisted in the Regular Army on 30 June 1970 for a period of
3 years. He served as a pioneer in Vietnam from 9 December 1970 to 17 April 1971 and retired by reason of permanent disability on 22 November 1971.
3. His DD Form 214 does not show the Purple Heart as an authorized award.
4. There are no orders for the Purple Heart in the available records.
5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.
6. A Western Union telegram states he was wounded in Vietnam on 2 April 1971 while at base camp on a work detail when a mine detonated.
7. An unclassified message states, in pertinent part, "on work detail detonated friendly mine."
8. His Medical Board Proceedings state, in pertinent part, he sustained a traumatic right below-knee amputation and "Incurred accidentally 0930 hours,
2 Apr 71, Tuy Hoa, RVN [Republic of Vietnam], patient injured when he stepped on a land mine."
9. The Vietnam casualty roster shows he was wounded on 2 April 1971, casualty status "27" (Hostile wounded in Action/Special Category Hospital).
10. Army Regulation 600-8-22 (Military Awards) provides that 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.
DISCUSSION AND CONCLUSIONS:
Notwithstanding the entry on the Vietnam casualty roster, the preponderance of evidence shows he was accidentally injured when he stepped on a "friendly" land mine on 2 April 1971 in Vietnam. Regrettably, there is insufficient evidence on which to award the Purple Heart.
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) AR20100019848
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