BOARD DATE:	  20 May 2010

		DOCKET NUMBER:  AR20090021751 


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, in effect, that he received shrapnel wounds from a mortar round in the right upper thigh as the result of a firefight that resulted in many casualties.  He also states that he never received his Purple Heart and he deserves it because he was wounded in action.  He states he was wounded on 15 February 1970, the date he was awarded the Bronze Star Medal (BSM) with "V" Device.

3.  The applicant submitted his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and Orders Number 3384, dated 8 March 1970 in support of this application.

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 17 July 1969.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN with 2nd Squadron, 8th Calvary Regiment, 1st Calvary Division from 13 December 1969 to 12 December 1970, performing duties in MOS 11B rifleman. 

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

5.  The Vietnam Casualty Roster does not list the applicant's name as wounded in action.

6.  The applicant submitted a copy of General Orders Number 3384 Headquarters, 1st Cavalry Division, dated 8 March 1970 which shows the applicant was awarded the BSM with "V" Device on 15 February 1970 for heroism.  The order does not indicate he was wounded during the actions which resulted in his award of the BSM.

7.  On 17 July 1971, the applicant was discharged for the purpose of immediate reenlistment.  He had completed 1 year, 10 months, and 23 days of active military service.  

8.  The applicant submitted page two of an undated decision letter from the VA which stated that his military history includes a report of him sustaining a shrapnel wound to the buttocks.  There were no service medical records available to the Board or provided by the applicant.

9.  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.  The evidence of record does not show and the applicant has not provided any corroborating evidence that he was wounded or injured as a result of hostile action, or that he was treated for such wounds.  The applicant is not listed on the Vietnam Casualty Roster.  The BSM with "V" Device does not indicate the applicant was wounded in action.  

2.  While his VA rating states that his military history includes a report of sustaining shrapnel wound to the buttocks, this report alone is insufficient as corroborating evidence.  Regrettably, in the absence of evidence of a wound received from hostile action and that wound was treated and documented by medical personnel, there is no basis for granting the applicant's request for award of the Purple Heart.

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)                                         AR20090021751



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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