IN THE CASE OF:	  

		BOARD DATE:	    4 May 2011

		DOCKET NUMBER:  AR20100026351 


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.  He states he was wounded on 14 January 1968 when his truck, and the squad he was transporting, struck a landmine and they received incoming fire.  He adds the vehicle flipped over and rolled down a hill.  He recalls climbing out of the driver's side of the truck.  He states it was a chaotic time and there were many Soldiers severely wounded.  He offers that he and the squad were medically evacuated to the 71st Evacuation Hospital where he was treated for shrapnel wounds above his right eye and right ear.  He adds he was released after treatment and returned to his unit.

3.  He provides a self-authored statement.

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 inducted into the Army of the United States on 20 October 1966.  He served in Vietnam from 22 June 1967 to 20 July 1968.  He was honorably released from active duty on 22 July 1968 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Purple Heart.  His military service records do not contain any general orders awarding him the Purple Heart and his name is not listed on the Vietnam casualty listing.

4.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.  Additionally, there is no documentation in the available record that shows he sustained wounds or was treated for wounds incurred as a result of hostile action.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.  There is no evidence of record and the applicant did not provide any substantial evidence to show entitlement to the Purple Heart.  There are no general orders available which awarded him the Purple Heart.  There are no medical records available which show he was wounded or treated for wounds as a result of hostile action during his service in Vietnam.  In the absence of such evidence, there is an insufficient basis for award of the Purple Heart.

2.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20100026351



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ABCMR Record of Proceedings (cont)                                         AR20100026351



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