IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20070018609 


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, in effect, the Purple Heart (PH) award.  

2.  The applicant states, in effect, that during his last 4 years on active duty he was on profile for his leg and back.  He states that he submitting his Certificate of Release or Discharge from Active Duty (DD Form 214), with information showing he was not able to run or prolong standing.  These documents were not provided. The applicant further states that when he was serving in Vietnam he was injured by a punji stick and he took care of the injury himself.  Before Vietnam he saw Soldiers who did not get the PH for wounds.  In Vietnam these awards were passed out for little or nothing and it made him sick.  He submitted this request because he was an Infantryman for 14 years.    

3.  The applicant provides a self – authored statement 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 military records are not available to the Board for review.  However, there were sufficient documents remaining in his record for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the applicant's DD Form 214.  

3.  The available evidence shows that the applicant initially enlisted in the Regular Army and entered active duty on 22 November 1950.  He initially was trained in and awarded military occupational specialty (MOS) 11B (Infantryman).  The applicant’s service was continuous through extensions and reenlistment.  The highest grade he achieved was pay grade E-7.

4.  On 31 October 1979, the applicant was honorably discharged, by reason of retirement.  At the time of retirement, the applicant had completed a total of 
23 years, 4 months, and 7 days of active military service.  The applicant’s DD Form 214 also shows that he earned the “National Defense Service Medal, the Combat Infantry Badge (2d Award), the Good Conduct Medal (2d Award), the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Cross of Gallantry with Palm, 6 Overseas Bars, the Armed Forces Expeditionary Medal, the Korean Service Medal, the Air Medal, the Army Commendations Medal and the Presidential Unit Citation.”  However, the applicant’s DD Form 214 does not show award of the Purple Heart. 

5.  During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster and the Adjutant General, Casualty Divisions’ Korean War Casualty Roster.  The search failed to reveal an entry on this document pertaining to the applicant.  

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action.  The wound or injury for which the PH is being awarded must have required treatment by military medical personnel and this treatment must be supported by medical treatment records that were made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the Purple Heart.  There is no evidence in the applicant’s military service records that show he was awarded the Purple Heart.  There also is no medical evidence in his records that show he was wounded or treated for wounds as a result of hostile action.  In this regard, the applicant failed to indicate at the time of his separation that he had sustained shrapnel wound or that he was treated for a wound.  In addition, the applicant's name is not listed on the Headquarters, Department of the Army, The Adjutant General Office, Casualty Division's Vietnam Casualty Roster nor the Adjutant General, Casualty Divisions’ Korean War Casualty Roster.  In view of all of the foregoing, the applicant provides insufficient documentary evidence to support his claim for award of the Purple Heart in this case.

2.  The sincerity of the applicant’s request for the Purple Heart is not in question. However, there is insufficient evidence to support granting his request.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  

3.  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.

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)                                         AR20070018609



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ABCMR Record of Proceedings (cont)                                         AR20070018609



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