IN THE CASE OF:	  

		BOARD DATE:	  19 July 2011

		DOCKET NUMBER:  AR20110000539 


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 early 1968 his infantry unit was mine sweeping and he was riding in the passenger seat of a 5-ton truck with his arm out of the window.  The weight of the truck triggered a mine and the explosion stripped the front wheel right off the truck.  He ended up in a ditch for cover and discovered that his right arm had been injured and bleeding.  He was medically evacuated to possibly a field hospital in the Pleiku area.  His arm was stitched up and he did not return to duty for several weeks.  An officer commented that his Purple Heart would catch up with him but it never did.  

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a letter of appreciation, and photographs of a damaged truck.

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 was inducted into the Army of the United States on 12 October 1966 and he held military occupational specialty 12B (Combat Engineer).  He served in Vietnam from 12 April 1967 to 6 April 1968.  He was assigned or attached to Company B, 4th Engineer Battalion, 4th Infantry Division as well as the 87th Engineer Battalion.

3.  He was honorably released from active duty on 11 October 1968 and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal with three bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Good Conduct Medal
* Army Commendation Medal

4.  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.

5.  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.

6.  His available service medical records show he underwent a separation physical at Fort Hood, TX, on 4 October 1968.  He noted that there had been no change in his medical condition.  The attending physician listed some ailments (glasses, pounding heart, appendicitis, and air sickness) but no combat wound or injury and/or treatment was noted. 

7.  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.



8.  He submitted:

	a.  A letter of appreciation, dated 9 February 1968, authored by his former platoon leader who commended the applicant's performance and achievements during his service with the platoon.  However, the former platoon leader did not mention a combat injury or wound. 

	b.  Photographs of a damaged truck.

9.  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 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.   Additionally, his available medical records do not reflect a combat injury and/or treatment.

3.  Notwithstanding the applicant's contention and 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)                                         AR20110000539



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ABCMR Record of Proceedings (cont)                                         AR20110000539



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