IN THE CASE OF:	  

		BOARD DATE:	  10 May 2011

		DOCKET NUMBER:  AR20100026210 


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 still has the scar to the upper left arm after he was wounded by an incoming mortar round.  The wound was field-dressed and he was sent back to duty.  His medical record does not mention this injury because personnel at the time failed to enter everything on the morning report.  Additionally, he was not badly injured requiring hospitalization.  He also obtained a letter from a fellow Soldier who was assigned to the same unit and can verify his eligibility.  

3.  The applicant provides a letter from a former Soldier.

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 enlisted in the Regular Army on 26 February 1965 for a period of 3 years.  He held military occupational specialty 11C (Infantry Indirect Fire Crewmember).  He served in Vietnam from 21 September 1965 through
21 September 1966 with 1st Battalion, 26th Infantry.

3.  He also served in Korea from 18 April 1967 through 17 December 1968.  While in Korea, on 7 August 1967, he was honorably discharged for the purpose of immediate reenlistment.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of service shows the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal

4.  He executed a 4-year reenlistment on 8 August 1967.  He served a second tour of duty in Korea from 25 September 1970 through 14 August 1971.  He was honorably discharged on 15 August 1971.  Item 24 of his DD Form 214 for this period of service shows the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Combat Infantryman Badge

5.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.

6.  Item 41 (Awards and Decorations) of this form does not show award of the Purple Heart.

7.  His name is not shown on the Vietnam casualty listing and his available medical records do not reflect a combat wound or injury.

8.  The applicant provides a supporting statement from a fellow Solider, dated
4 October 2010.  The writer states on 26 February 1966 they were attacked 

by a large North Vietnamese force.  After the enemy broke off the attack, he saw the applicant being treated by a medic for a wound in the upper body.

9.  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 and 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 by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  His record is void of any orders that show he was awarded the Purple Heart, his name is not shown on the Vietnam casualty listing, his DA Form 20 does not indicate any combat wounds, and his available medical records do not reflect a combat wound/injury or treatment for such wound/injury.

3.  The supporting statement he submitted was carefully considered; however, statements, based on memory, prepared some 40 years after the fact are insufficient by themselves to award him the Purple Heart.  Notwithstanding his and his comrade's sincerity, in the absence of official documentary evidence such as operation orders, morning reports, after action reports, or official orders to corroborate the events that led to his injury, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to award him 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:

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)                                         AR20100026210



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ABCMR Record of Proceedings (cont)                                         AR20100026210



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