IN THE CASE OF:	  

		BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100011990 


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 awarded the Purple Heart for injuries he sustained in combat.

3.  The applicant provides his DD Form 214, DA Form 20 (Enlisted Qualification Record), and a letter from a veteran who says he was working as a medic in a hospital in Japan where the applicant was taken when he was wounded.

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 military records show he was inducted into the Army of the United States on 8 September 1967, was awarded the military occupational specialty of light weapons infantryman, served in Vietnam from 16 February 1968 to 14 January 1969, and was promoted to pay grade E-5.

3.  A DA Form 8-275-2 (Clinical Record Cover Sheet) contains the entry "Patient injured by hostile force claymore mine fragments, 0630 hours, 22 December 1968, Quan Loi, Republic of Vietnam."

4.  In a DA Form 2173 (Statement of Medical Examination and Duty Status), the applicant's company commander stated, "The pin from a fragmentation grenade was accidentally pulled by a new member of [the applicant's] squad.  In desperation, he threw the grenade out of the area, landing close to [the applicant].

5.  The Vietnam casualty list does not contain the applicant's name.  The applicant's DA Form 20 does not show he was wounded in item 40 (Wounds).

6.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds 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 a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  While it would appear the applicant initially reported being wounded by a hostile claymore mine, after investigation it was determined that he was wounded by a fellow Soldier when that Soldier accidently pulled the pin on a hand grenade.

2.  Since the applicant was wounded accidently and not as a result of hostile action, he does not meet the criteria for award of the Purple Heart.  Therefore, his DD Form 214 should not be corrected to show this award.


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)                                         AR20100011990



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ABCMR Record of Proceedings (cont)                                         AR20100011990



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