IN THE CASE OF:	  

		BOARD DATE:	        28 August 2008

		DOCKET NUMBER:  AR20080005727 


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 was injured in January 1968 in the Republic of Vietnam after being blown into a personnel carrier while he was on his way to get help for a tank and its crew that had already hit a land mine, and that he was awarded the Purple Heart while in the hospital.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 10 July 1969, a copy of orders awarding him the Bronze Star Medal with "V" Device, and an undated self-authored letter 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 he was inducted into the Army of the United States on 11 July 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 10 July 1969.  The highest rank/grade he attained during this period of military service was specialist five (SP5)/E-5 (Temporary).

3.  The applicant's records also show he served in the Republic of Vietnam from 16 December 1967 to 15 December 1968.  He was assigned to Headquarters and Headquarters Troop, 2nd Squadron, 11th Armored Cavalry Regiment.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal with 1960 Device, the Bronze Star Medal, the Combat Medical Badge, and the Good Conduct Medal.  Item 24 does not show award of the Purple Heart.

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) does not indicate that he was a patient at the 3rd Field Hospital due to injuries/wounds received during his service in the Republic of Vietnam.

6.  Item 40 (Wounds) of the applicant's DA Form 20 shows a blank entry.  

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

8.  There are no general orders in the applicant's records that show he was awarded the Purple Heart.

9.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart orders on file for the applicant.

10.  In his undated self-authored statement, the applicant states that he served as a combat medic in the Republic of Vietnam and that he was awarded the Purple Heart during his recuperation at the 24th Evacuation Hospital from an knee injury he sustained in January 1968 during the TET Offensive.  He was 

blown into a personnel carrier as he was on his way to get help for a tank and its crew that had already hit a mine and had casualties.  He initially refused medical assistance and bandaged his own knee.  However, his knee continued to lock and he eventually sought medical assistance.  He concludes that he is currently rated at 100 percent disability for Post Traumatic Stress Disorder (PTSD). 

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's patriotism, service in the Republic of Vietnam, and heroism, as evidenced by his award of the Bronze Star Medal with "V" Device, are not in question.  Nevertheless, there are no general orders that show he was awarded the Purple Heart and there is no evidence in his service personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds.  In the absence of corroborating documentation that shows he 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.

2.  The Board wants the applicant and all others concerned to 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.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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.



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      _______ _   _______   ___
               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)                                         AR20080005727



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ABCMR Record of Proceedings (cont)                                         AR20080005727



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