IN THE CASE OF:	 

		BOARD DATE:	  16 October 2008

		DOCKET NUMBER:  AR20080007624 


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 the award of the Purple Heart was omitted from his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 4 September 1971.

3.  The applicant provides two photographs 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 personnel record shows he was inducted on 
4 December 1969 for a period of 2 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 13B (Field Artillery Crewman).

3.  The applicant was assigned to B Battery, 3rd Battalion, 82nd Artillery in the Republic of Vietnam during the period from 29 December 1970 to 29 August 1971. 

4.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not contain any entries indicating that the applicant received any wounds as a result of hostile or enemy action.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the award of the Purple Heart.

6.  On 4 September 1971, the applicant was released from active duty by reason of early release to attend college, university, or equivalent educational institution. He had completed 1 year, 9 months, and 2 days of active service that was characterized as honorable.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not contain an entry for the Purple Heart.

8.  There are no orders in the applicant's military service records awarding him the Purple Heart.

9.  The applicant's name does not appear on the Vietnam Casualty Listing.

10.  The applicant's service medical records were not available for review.

11.  The applicant submitted a photograph that he states shows him with a bandage on his left hand.  He submitted a second photograph of a Purple Heart medal with his name engraved on the reverse side.

12.  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, and the medical treatment must have been made a matter of official record.  A wound is defined as an injury to any part of the body from an outside force or agent sustained as a result of hostile action.  
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the award of the Purple Heart.

2.  The applicant's DA Form 20 does not show he was wounded by hostile or enemy action or that he was awarded the Purple Heart.  There are no orders in his military personnel records showing he was awarded the Purple Heart.  His  name does not appear on the Vietnam Casualty Listing.

3.  The applicant's service medical records were not available for review.  Therefore, there is no substantiating evidence to verify that the applicant suffered an injury as a result of hostile action, the injury required medical treatment, or that the medical treatment was made a matter of official record.

4.  The applicant submitted one photograph that he claims shows his wounded left hand and another photograph showing a Purple Heart medal with his name engraved on it.  However, there is no corroborating official documentation or evidence to show he was wounded or treated for wounds resulting from hostile action.
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5.  In the absence of military records which show that the applicant was wounded or treated for wounds resulting from hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.

6.  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 that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  __X_____  ___X___  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 our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  



      _______ _   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)                                         AR20080007624





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ABCMR Record of Proceedings (cont)                                         AR20080007624



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