IN THE CASE OF:	  

		BOARD DATE:	    27 April 2010

		DOCKET NUMBER:  AR20090015342 


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 that he be awarded the Purple Heart.

2.  The applicant states that he was wounded when Fire Base Blaze was attacked and the ammunition dump was blown up.  He adds he spent 33 days in the hospital as a result of his wounds.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and four medical treatment records.

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 that he enlisted in the Regular Army on 17 July 1968.  He was awarded the military occupational specialty of field artillery (cannoneer), and the highest grade that he held was pay grade E-4.

3.  He served in Vietnam from 16 December 1968 to 22 December 1969.  While he was in Vietnam he was treated for burns to his right hand and side, cellulitis, and a laceration to his left leg.  None of the treatment records indicate these medical conditions were a result of hostile action.

4.  The applicant was honorably released from active duty at the expiration of his term of service on 16 July 1971.

5.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 40, Wounds, contains no entries.  There are no orders or other military records available which show the applicant was wounded as a result of hostile action.

6.  The Vietnam Casualty List does not contain the applicant's name.

7.  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.  There is no evidence of record and the applicant has not provided any evidence to show he was wounded as the result of hostile action.

2.  The medical records provided by the applicant show he was treated for burns, a cut, and cellulitus.  However, there is no evidence or indication that any of these conditions were the result of hostile action.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20090015342



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ABCMR Record of Proceedings (cont)                                         AR20090015342


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