BOARD DATE:	  24 Jun 2010

		DOCKET NUMBER:  AR20090020339 


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 wounded his right index finger on a machete blade in the heat of battle while receiving incoming mortar rounds.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a copy of his separation physical, and a Department of Veterans Affairs (VA) Rating Decision.

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.  Records show the applicant was inducted into the Army of the United States on 1 November 1965.  He served in Vietnam from 20 August 1966 to 13 August 1967.  He was honorably released from active duty on 15 August 1967.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not list the Purple Heart as an authorized award.

4.  The applicant provided a copy of his separation physical, dated 4 August 1967.  The applicant checked "Yes" to question 34 (Have you consulted or been treated by clinics, physicians, healers, or other practitioners within the past 5 years).  He explained that he "fell on [machete lined-through] big knife and cut index finger on right hand and had to be stitched up."

5.  The VA Rating Decision, dated 16 April 2009, shows the applicant was awarded a 10-percent disability rating for a lacerated right index finger that was incurred during the Vietnam Era.

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows no entries for any wounds received.

7.  The available records contain no documentation which shows the applicant sustained wounds or was treated for wounds incurred as a result of hostile action.

8.  The records contain no evidence or general orders awarding the applicant the Purple Heart and his name is not listed on the Vietnam casualty roster.

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 a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

There are no general orders available awarding the applicant the Purple Heart and his name is not listed on the Vietnam casualty report.  The applicant provided a copy of his physical examination in which he states he fell on a big knife and cut his index finger.  However, without medical records showing the applicant was wounded as a result of hostile action and required treatment by a medical officer, there is an insufficient basis for award of the Purple Heart in this case.
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)                                         AR20090020339



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090020339



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1