IN THE CASE OF:	  

		BOARD DATE:	  12 October 2010

		DOCKET NUMBER:  AR20100011850 


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 is entitled to award the Purple Heart due to an injury he received during combat in the Republic of Vietnam resulting in getting metal in his right little toe.  He states because he was young and unaware he did not file for the Purple Heart.  He concludes by stating he spoke with a representative of the Department of Veterans Affairs and according to its rules, he is eligible for the Purple Heart because he said if the wound "breaks the skin and bleeds, you would qualify."

3.  The applicant submits the following document in support of his application:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Standard Form 600 (Chronological Record of Medical Care)

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 available records show he was inducted into the Army of the United States on 19 October 1966.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 27 March 1967 through 26 March 1968 and was assigned to the 538th Transportation Company.

4.  Item 40 (Wounds) of the applicant's DA Form 20 is blank indicating he was not wounded during his active duty service.

5.  The applicant submitted a Standard Form 600 which shows his little toe was cleaned and dressed on 1 July 1967, but it does not show the cause of the injury.

6.  On 18 October 1968, the applicant was released from active duty.  He was transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.  He completed a total of 2 years of net active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), and Army Good Conduct Medal.  Item 24 does not show award of the Purple Heart.

7.  The Vietnam casualty roster does not list the applicant's name as being wounded in action.

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

9.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for 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.  The applicant contends that he is entitled to the award of the Purple Heart.

2.  There is no evidence the applicant is entitled to the Purple Heart:

* no orders
* his name is not shown on the Vietnam casualty roster
* no wound is indicated in item 40 of his DA Form 20

3.  The medical report does not provide any evidence the applicant was wounded as a result of hostile action.

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)                                         AR20100011850



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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