IN THE CASE OF:	  

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100027643 


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, in effect, on 21 March 1971 he was wounded in Vietnam along with a lieutenant [his platoon leader] and the scout.  However, unlike his platoon leader, he was never medically evacuated and it was never recorded in his record.

3.  The applicant provides a statement from his former platoon leader.

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's records show he was inducted into the Army of the United States on 13 May 1970.  He was trained in and held military occupational specialty 11B (Light Weapons Infantryman).  

3.  He served in Vietnam from 13 October 1970 to 18 October 1971.  He was assigned to Company A, 2nd Battalion, 501st Infantry.

4.  He underwent a separation physical at Fort Carson, CO, on 15 December 1971 and listed his health at the time as "fair."  He did not list any combat wounds or treatment.  The military doctor noted the applicant's high frequency hearing loss but did not indicate he had any combat injuries or treatment.  He was cleared for separation.

5.  On 22 December 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the:

* National Defense Service Medal
* Bronze Star Medal
* Air Medal
* Vietnam Campaign Medal with "1960" Device
* Combat Infantryman Badge
* Vietnam Service Medal with a bronze service star
* Good Conduct Medal

7.  Item 40 (Wounds) of his DA Forms 20 (Enlisted Qualification Record) does not reflect a combat wound or injury and item 41 (Awards and Decorations) of this form does not show award of the Purple Heart.

8.  His records do not contain general orders authorizing him award of the Purple Heart and his name is not shown on the Vietnam casualty roster.

9.  He submitted a notarized statement, dated 27 October 2010, from an individual who states that he was a first lieutenant and the platoon leader of 1st Platoon, A Company, 2nd Battalion, 501st Infantry, on 21 March 1971, when the applicant and the Vietnamese scout were wounded along with him due to a booby trap.  He (the former platoon leader) was medically evacuated from the field to a rear area and then to the USS Sanctuary for surgery.  He was then moved to Okinawa and ultimately to the Chelsea Naval Hospital, MA.  He was discharged in July 1971.

10.  Army Regulation 600-8-22 (Military Awards) provides 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 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 medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  The statement submitted by the former platoon leader is noted.  However, it does not satisfy the requirements for award of the Purple Heart as there is no corroborating evidence of the applicant's injury, or that this injury required medical treatment, or that the treatment was made a matter of official record.  

3.  The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat.  His name is not listed on the Vietnam casualty roster, and his DA Form 20 does not indicate he received a combat related wound.  

4.  Additionally, his available medical records do not reflect that he suffered a wound/injury as a result of enemy action and he was treated for a combat injury or wound.

5.  Notwithstanding the applicant's contention and the former platoon leader's sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, 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:

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)                                         AR20100027643



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ABCMR Record of Proceedings (cont)                                         AR20100027643



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