RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 November 2007
	DOCKET NUMBER:  AR20070009089 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Barbara J. Ellis

Chairperson

Mr. Jose A. Martinez

Member

Mr. Chester A. Damian

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show award of the Purple Heart.

2.  The applicant states that he was wounded in his left arm in the Republic of Vietnam.  He further adds that he was there when Vietnam was falling apart and that he was medically evacuated to Camp Zama where the doctor told him he was not supposed to be there. 

3.  The applicant did not provide any additional documentary evidence in support of his 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's records show that he enlisted in the Regular Army on 2 August 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably released from active duty on 10 May 1970. 

3.  After a short break in service, the applicant enlisted in the Regular Army on
27 October 1970 for a period of 4 years and was honorably discharged on 28 July 1974 for the purpose of immediate reenlistment.  He followed that with another 5-year reenlistment in the Regular Army on 29 July 1974.  The highest rank the applicant attained during his military service was staff sergeant/pay grade E-6.  He was honorably retired for medical disability on 17 November 1975

4.  The applicant’s records further show that he served in the Republic of Vietnam during the period 15 April 1969 through 2 June 1969.  He was assigned to the 23rd Adjutant General Replacement Detachment.   
5.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart.

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show any entries for wounds received.  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

7.  There are no medical records in the applicant's official military personnel file. However, Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows that on 8 May 1969, he was a patient at the Medical Holding Company, U.S. Army Hospital, Camp Zama, Japan, until 2 June 1969, after which he departed to Korea. 

8.  The applicant's records do not contain general orders which authorized him award of the Purple Heart.

9.  The applicant's name is not shown on the Vietnam Casualty Roster.

10.  On 20 August 1975, a Medical Evaluation Board (MEB) convened and found the applicant medically unfit due to retinal detachment in his right eye and severe high frequency hearing loss in his left ear.  The MEB referred the applicant to a Physical Evaluation Board (PEB) that convened on 22 September 1975.  The PEB found the applicant's condition prevented him from performing his duties and determined that he was physically unfit.  The applicant was rated under the DVA Schedule for Rating Disabilities (VASRD) code 6808-6070, retinal detachment secondary to trauma in his right eye and granted a 30 percent disability rating.  The PEB also recommended the applicant be permanently retired from the Army. 

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against and enemy or 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 military medical personnel, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Purple Heart.  
2.  There are no general orders that show the applicant was awarded the Purple Heart.  There is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds.  The applicant's name is not listed on the Vietnam Casualty Roster.  In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__bje___  __jam___  __cad___  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.



							Barbara J. Ellis
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070009089
SUFFIX

RECON

DATE BOARDED
20071108
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.