IN THE CASE OF:
BOARD DATE: 21 April 2011
DOCKET NUMBER: AR20100025548
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 sustained an injury to his right lower leg (stake through leg) while in Vietnam and he should have been authorized the Purple Heart.
3. The applicant provides:
* a VA Form 2507 (Compensation and Pension Exam Report), dated
21 October 1996
* two service medical record documents
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 14 March 1966 for a period of
3 years. He served as a cook in Vietnam from 5 October 1968 to 9 April 1970.
On 9 April 1970, he was released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Purple Heart as an authorized award.
4. There are no orders for the Purple Heart in his service personnel records.
5. Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank. His name does not appear on the Vietnam casualty listing.
6. In support of his claim, he provided service medical record documents, dated in October 1969, which state he had a laceration on the left (emphasis added) leg, sutures were applied on 5 October 1969, and slight infection was noticed. There is no evidence which shows this laceration was the result of hostile action in Vietnam.
7. His personnel record contains a Standard Form 180 (Request Pertaining to Military Records) completed and signed by the applicant, dated 6 February 2001, wherein he questions, "Being injured in Vietnam in 1969, am I eligible for a Purple Heart medal?" He further states, "During night fire while carrying weapons and ammo [ammunition] to the bunker, I fell on an engineer stake, this injury caused sixteen sutures and six weeks in bed."
8. His record also contains a VA Form 2507 that states, "The patient had a right leg injury in 1969, while in Vietnam while carrying equipment. He tripped and fell down the stairs and an engineer stake passed through on the lower part of his right (emphasis added) leg. It was removed and the wound was sewn
."
9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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:
There are no orders for the Purple Heart in the available records. The service medical records provided by the applicant do not indicate his injury was the result of hostile action in Vietnam. There is no evidence of record and the applicant did not provide any evidence that shows he was wounded or injured as a result of hostile action in Vietnam. Regrettably, there is insufficient evidence to support award of any Purple Hearts in this case.
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) AR20100025548
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100025548
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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