IN THE CASE OF:	  

		BOARD DATE:	        14 AUGUST 2008

		DOCKET NUMBER:  AR20080006182 


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 that he be awarded the Purple Heart. 

2.  The applicant states that the Purple Heart should have been awarded to him for his head injury received in Vietnam during a rocket attack on 10 May 1968 as indicated on the Standard Form 600 (Chronological Record of Medical Care) contained in his records.

3.  The applicant provides no additional documents with 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 was inducted at Fort Hamilton, New York on 25 September 1967 and was transferred to Fort Jackson, South Carolina to undergo his basic combat training (BCT).  He completed his BCT and was transferred to Fort Polk, Louisiana to undergo his advanced individual training (AIT) as a light weapons infantryman.

3.  He completed his AIT and was transferred to Vietnam on 3 March 1968 for assignment as cadre at the Screaming Eagle Replacement Training School (SERTS).  He was advanced to the pay grade of E-3 on 8 March 1968 and to the pay grade of E-4 on 11 November 1968.  

4.  On 11 February 1969, the applicant submitted a request to extend his tour in Vietnam for a period of 56 days so as to qualify for a 150-day early release from active duty.  His request was approved on 13 February 1969.

5.  He departed Vietnam on 28 April 1969 and was transferred to Fort Dix, New Jersey, where he was honorably released from active duty (REFRAD) on 30 April 1969.  He had served 1 year, 7 months and 6 days of total active service and his DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal (meritorious service) and the Bronze Star Medal for meritorious service.   

6.  A review of the applicant’s Enlisted Qualification Record fails to show that the applicant received any wounds.  Additionally, his name is not listed on the Vietnam Casualty Listing and his separation physical makes no mention of any wounds or injuries received in Vietnam.   

7.  A review of the medical records contained in the applicant’s Official Military Personnel File (OMPF) shows two separate SF Form 600s dated 10 May 1968 which indicate that the applicant received a head injury.  One of the forms shows that it was from enemy action and the other indicates that it occurred during a rocket attack.  The two forms are not consistent with other SF Form 600s contained in his records which are chronologically annotated and they are not authenticated by a medical officer.

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



DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was wounded/injured in Vietnam as a result of enemy action is not in doubt, there is insufficient evidence to corroborate his claim. 

2.  The documents cited by the applicant are not consistent with other medical documents contained in his records and there are not the usual corroborating entries in his records that normally serve to substantiate a Soldier’s wounds/injuries.  

3.  Additionally, it is noted that the applicant worked in a replacement depot environment, that he remained in the same environment for almost a year after the incident in question and no mention was made on his separation medical and physical examination.  Additionally, he was not reported as a casualty, no annotation of wounds received in action against the enemy was made on his records and no indication that a medical officer verified his treatment.  

4.  Therefore, in the absence of evidence to establish the validity of the two documents in question, there appears to be insufficient evidence to award him the Purple Heart at this time.

5.  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

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.
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 the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.





      ___        XXX                ___
                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)                                         AR20080006182



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ABCMR Record of Proceedings (cont)                                         AR20080006182



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