IN THE CASE OF:
BOARD DATE: 6 October 2011
DOCKET NUMBER: AR20110006569
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.
2. The applicant states:
* he was treated at the 93rd Evacuation Hospital in February 1969 for blunt force trauma of the scrotum
* while on patrol near Quan Loi, Vietnam, he stepped on and was injured by a sharpened bamboo stake known as a "punji stick"
* when he received his discharge paperwork in November 1969, he requested copies of his medical records to verify he had been treated for malaria and for the injury to his scrotum, but he was told his records were lost
* he recently filed a disability claim with the Department of Veterans Affairs and many of his records were provided
3. The applicant provides:
* Standard Form 600 (Health Record Chronological Record of Medical Care), dated 10 and 11 February 1969
* Standard Form 513 (Clinical Record Consultation Sheet), dated 11 February 1969
* Standard Form 539 (Clinical Record Abbreviated Clinical Record), dated 12 February 1969
* DD Form 640 (Nursing Notes) covering the period 12 through 20 February 1969
* DD Form 728 (Doctor's Orders) covering the period 12 through 23 February 1969
* Standard Form 509 (Doctor's Progress Notes) covering the period 13 through 23 February 1969
* Standard Form 502 (Clinical Record Narrative Summary), dated 23 February 1969
* DA Form 8-275 (Clinical Record Cover Sheet), undated
* DA Form 8-275-3 (Clinical Record Cover Sheet), dated 23 February 1969
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 appointed as a Reserve commissioned officer of the Army in the rank/grade of second lieutenant/O-1 on 11 June 1967. He entered active duty on 26 November 1967. He completed the Infantry Officer Basic Course and was awarded specialty 1542 (Infantry Unit Commander).
3. Records show he served in Vietnam from on or about 24 November 1968 to on or about 19 November 1969. During this time he was assigned to:
* Company D, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division, from on or about 3 December 1968 to on or about 9 June 1969
* Headquarters and Headquarters Company, 1st Cavalry Division, from on or about 10 June to on or about 19 November 1969
4. His DD Form 214 shows he was honorably released from active duty on 23 November 1969. He completed 1 year, 11 months, and 28 days of net active service during this period, including 11 months and 26 days of foreign service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not indicate he was previously awarded the Purple Heart.
6. His available record does not contain orders for the Purple Heart, nor does his name appear on the Vietnam casualty roster.
7. He provides numerous documents that detail his treatment at the 93rd Evacuation Hospital from on or about 12 February 1969 to on or about 23 February 1969. However, none of these documents specifically identify his wounds as combat related. Additionally, his available record does not contain any documentation linking his wounds with any combat engagement or enemy action.
8. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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:
Neither his available records nor the Vietnam casualty roster provide any evidence that the wounds he incurred during his service in Vietnam resulted from enemy action. Absent additional evidence that conclusively links his wounds to enemy action, there is an insufficient basis on which to grant award of the Purple Heart.
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 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) AR20100015543
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110006569
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