RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	 29 January 2008
	DOCKET NUMBER:  AR20070013168 


	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

Ms. Judy Blanchard

Analyst

The following members, a quorum, were present:


Ms. Shirley L. Powell

Chairperson

Mr. Paul M. Smith

Member

Mr. Larry C. Bergquist

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, in effect, that a DD Form 215 be issued to reflect the award of the Purple Heart.

2.  The applicant states, in effect, that the injustice caused him not to receive benefits from Department of Veterans Affairs.

3.  The applicant provides no additional documentary evidence.

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 service records are not available to the Board for review.  However, there were sufficient documents available to constitute a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  This document shows that the applicant was inducted into the Army of the United States on 
20 June 1967 and he was honorably discharged on 19 June 1969.  He completed 2 years total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows that he was awarded the Bronze Star Medal, the Combat Infantryman Badge, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the National Defense Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the First Class Gunner (M-16 Rifle) (redesignated as the Expert Marksmanship 
Qualification with Rifle Bar (Rifle M-16)).  Item 32 (Signature of Person Being Transferred or Discharged) of the DD Form 214 shows that the applicant placed his signature on the document.

4.  There are no orders or any other evidence in the applicant’s military service records showing that he was wounded, treated for wounds as a result of hostile action, or that he was awarded the Purple Heart.  In addition, the applicant's name is not listed on The Adjutant General, Casualty Division's, Vietnam Casualty Roster.

5.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an 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.

6.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam Conflict.  This regulation stated, in pertinent part, that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart by the hospital commander rendering treatment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention, in effect, that he is entitled to the Purple Heart award was carefully considered.  However, there is no evidence of record, and the applicant provides no evidence, to show that he was wounded or treated for wounds as a result of hostile action, or that he was hospitalized for any wounds.

2.  The available evidence of record shows that the applicant was issued a DD Form 214 and, the applicant authenticated the document with his signature indicating that he reviewed the information contained on the document. 

3.  There is no evidence of record showing the applicant was awarded the Purple Heart.  The applicant's limited military service record contain no evidence, nor do casualty records for the Vietnam-era document that the applicant sustained an injury as a result of hostile action while serving in Vietnam.  Moreover, there are 
no General Orders that show the applicant was awarded the Purple Heart.  Therefore, in the absence of documentary evidence that the applicant was wounded in the Republic of Vietnam as a result of hostile action; that the wounds required treatment by military medical personnel; and the medical treatment was made a matter of official record, there is insufficient evidence to support award of the Purple Heart in this case.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  Therefore, in view of all of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__LB____  ___PMS__  __SLP _  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.




_____Shirley L. Powell_____
          CHAIRPERSON




INDEX

CASE ID
AR20070013168
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080129
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.