BOARD DATE:	  10 October 2013

		DOCKET NUMBER:  AR20130003712 


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 hit in the arm by shrapnel after his armored personnel carrier was blown up and a mortar round landed on top of it
* he was treated in the field and then his lieutenant was sent to another company
* his lieutenant thought he had been awarded the Purple Heart
* after he was released from the Army, a nurse removed pieces of metal over an extended period of time

3.  The applicant provides a letter to the Department of Veterans Affairs (VA), dated 19 October 2012, and an undated letter to the VA both addressed to "Whom It May Concern."

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 enlisted in the Regular Army on 3 August 1966.  He completed training as an armor reconnaissance specialist.  He arrived in Vietnam on           2 December 1967 and he was assigned to Troop E, 1st Cavalry, 11th Infantry Brigade.

3.  On 1 December 1968, the applicant departed Vietnam en-route to the United States.  

4.  A Report of Medical History completed on the applicant on 15 July 1969 shows that he stated he received shrapnel in his hand and right knee in September 1968, while he was in Vietnam.  He stated he was treated in the field by a medic.

5.  The applicant was released from active duty 1 August 1969.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the following awards:

* Expert Marksmanship Qualification Badge
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Bronze Star Medal
* National Defense Service Medal

6.  The applicant's name is not shown on the Vietnam casualty listing as a battle casualty.

7.  The applicant provides a letter from an individual who contends he was the platoon leader and that:

* on the day in question, his M113A1 track hit a mine
* it did extensive damage to the vehicle destroying the suspension on the left side
* the explosion left everyone on his crew in bad shape as far as being able to hear
* the applicant was on the vehicle and he received minor shrapnel wounds
* his injuries did not require him to be medically evacuated, but he was treated in the field
* another mortar landed on top of the driver’s hatch just to the left front of the track commander’s hatch and just to the front of the cargo hatch
* everyone got their "bell rung" really bad
* pieces of shrapnel managed to catch the applicant's arm inside the open cargo hatch
* his whole crew was in the same shape and although he was wounded three times, he received only two Purple Hearts
* the applicant should have received the Purple Heart
* he had no idea that others who were wounded were not awarded a deserved medal

8.  The applicant provides an undated letter from an individual who shares his last name and contends:

* she removed several pieces of metal from his right arm and shoulder from 1972 to the late 1980s
* the applicant would get a small pustule on his right arm and/or shoulder that was warm to the touch and resembled a pimple
* it would erupt and produce a small piece of metal resembling a metal pellet
* the applicant set off a handheld metal detector a few years ago when he went to see the Mayor of Terre Haute, Indiana

9.  Army Regulation 600-8-22 (Military Awards) states 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 applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The applicant has provided letters from individuals who contend he sustained wounds to his arm and/or shoulder.  The Report of Medical History completed on 15 July 1969 shows he received shrapnel in his hand and right knee.  However, none of this evidence shows that he received his injuries as a result of hostile action by enemy forces.

3.  The organization to which the applicant was assigned had the authority to award him the Purple Heart if his injury was the result of hostile action by enemy forces.  His name is not shown on the Vietnam casualty listing as a battle casualty.

4.  In view of the foregoing, the applicant's request should be denied based on insufficient evidence.

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)                                         AR20130003712





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ABCMR Record of Proceedings (cont)                                         AR20130003712



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