IN THE CASE OF:	  

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110005601 


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 was walking point in four foot tall grass and he hit a punji stake which hit his bone.  The medic treated him in the field because his platoon leader would not let him leave the field.  His platoon leader was later wounded.  He recently contacted his platoon leader through an annual reunion.  His platoon leader sent him a letter that had been submitted to the Human Resources Command (HRC) concerning the applicant's punji stake incident.   

3.  The applicant provides:

* a letter, dated 20 March 2011, that his former platoon leader submitted to HRC
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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.  He was inducted into the Army of the United States on 1 April 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He was assigned to Vietnam on 7 September 1969, and further assigned to Company B, 1st Battalion, 22nd Infantry in the Republic of Vietnam from
22 September 1969 to 2 September 1970.

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

5.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.

6.  His service medical records were not available for review.  His name does not appear on the Vietnam casualty listing.

7.  On 31 March 1971, he was released from active duty.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of service does not show he was awarded the Purple Heart.  There are no orders in his Military Personnel Records Jacket (MPRJ) awarding him the Purple Heart.

8.  In a letter, dated 10 March 2011, his former platoon leader stated that during one of their combat missions the applicant "stepped into a punji pit and was impaled through the ankle, to the bone."  He had the medic treat the applicant so they could continue their high priority mission.

9.  An email from HRC states that on 16 August 2011 the applicant's former platoon leader was informed there was insufficient evidence to make a determination concerning the wounds stated in his letter.

10.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, of the version in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that were received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.

11.  Army Regulation 672-5-1 (Military Awards), then in effect, provided that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who while serving under competent authority in any capacity with one of the U.S. Armed Services had been wounded, killed, or who had died as a result of 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:

1.  Item 40 of the applicant's DA Form 20 contains no entries and his name is not listed on the Vietnam casualty listing.

2.  The applicant and his former platoon leader both state the applicant was injured when he stepped on a punji stake and he was treated in the field by a medic.  However, there is no evidence the treatment was made a matter of official record.  His service medical records were not available for review.  

3.  In the absence of evidence showing he was wounded as result of hostile action, the wound required treatment by medical personnel, and the medical treatment was made a matter of official record there is an insufficient basis to award 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:

1.  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.


2.  The Board wants the applicant and all others concerned to know that 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.



      _______ _   _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)                                         AR20110005601



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ABCMR Record of Proceedings (cont)                                         AR20110005601



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