IN THE CASE OF:	  

		BOARD DATE:	  21 June 2011

		DOCKET NUMBER:  AR20100029773 


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 for wounds received in combat in Vietnam.

2.  The applicant states he was on patrol with his platoon in Vietnam and was moving to a night-hold position when they were fired on.  There was an explosion and he felt pieces of shrapnel protruding from his skin near his nose.  He pulled out a few pieces and applied pressure to stop the bleeding.  His face started to swell and it felt tender but he did not think it was serious enough to leave two platoons without a medic.  He was seen by the doctor at the aid station when he returned to base camp.  His squad leader told him he would receive a Purple Heart but he never did. 

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Two pages of his DA Form 20 (Enlisted Qualification Record)
* Nine orders
* Two award certificates
* Seven Standard Forms 600 (Chronological Record of Medical Care)
* Standard Form 601 (Immunization Record)
* Four Standard Forms 603 (Dental)
* Two Department of the Army letters
* National Personnel Records Center letter

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 25 June 1969 and he held military occupational specialty 91B (Medical Specialist).  He served in Vietnam from 6 December 1969 to 10 November 1970.  He served with 6th Battalion, 31st Infantry, 9th Infantry Division.

3.  On 24 June 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  He completed 2 years of creditable active service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Winter-Spring 70 Campaign, Combat Medical Badge, Air Medal (13th Award), Army Good Conduct Medal, Vietnam Campaign Medal, and Army Commendation Medal.

5.  Item 40 (Wounds) of his DA Form 20 contains no entries.

6.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to him.

7.  The Vietnam casualty listing, a compilation of all casualties during the Vietnam War, does not list him as a casualty.



8.  The applicant provides a Standard Form 600 that shows he was treated on 16 January 1970 at an aid station in Vietnam.  The entry states the applicant was hit with fragments of a grenade two and a half days prior and was treated with bacterial ointment.

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 an 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 award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record.

2.  The evidence of record shows the applicant was treated with bacterial ointment for a wound/injury caused by a grenade fragment while in Vietnam.  However, there is no evidence in his record and he did not provide any evidence that shows this wound/injury was caused by a hostile act on the part of the enemy.

3.  In the absence of official orders or other evidence such as witness statements that conclusively shows he was wounded as a result of hostile action, regrettably, there is insufficient evidence upon which to base award of the Purple Heart in this case.

4.  Nevertheless, 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.

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)                                         AR20100029773



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ABCMR Record of Proceedings (cont)                                         AR20100029773



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