IN THE CASE OF:	

		BOARD DATE:	        17 July 2008

		DOCKET NUMBER:  AR20080007629 


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 the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he was treated for a wound in the field and at the forward fire base.

3.  The applicant provides a Purple Heart award certificate; a letter, dated         13 March 1969; and his DD Form 214.

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 into the Army on 10 July 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  The applicant arrived in Vietnam and was assigned to Company E, 1st Battalion, 14th Infantry, 4th Infantry Division, on 22 December 1968.

4.  The applicant provided a Purple Heart award certificate that shows he was wounded in action on 11 March 1969.  

5.  The applicant provided a letter, dated 13 March 1969, to him from the Brigade Commander that states in part, “The officers and men of the 3d Brigade, 4th Infantry Division, recall with pride the part you played in our successful operations against the enemy up until the time you were wounded in action…Please let me know if there is any way in which I may assist you during your stay in the hospital.”

6.  The applicant departed Vietnam on 6 December 1969.

7.  Headquarters, 4th Infantry Division, General Orders Number 7650, dated       6 December 1969, awarded the applicant the Army Commendation Medal for meritorious service.

8.  On 4 June 1970, the applicant completed a separation physical examination.  His Standard Form (SF) 88 (Report of Medical Examination) does not note any significant history of defects or diagnoses.  In item 33 (Have you ever had any illness or injury other than those already noted) of his SF 89 (Report of Medical History), the applicant indicated he had malaria in April 1970 and jungle rot.  In item 34 (Have you consulted or been treated by clinics, physicians, healers, or other practitioners within the past 5 years) of his SF 89, the applicant checked, “NO.”

9.  A portion of the applicant’s service medical records are available, but no records during the period he was in Vietnam are available.

10.  The applicant was honorably released from active duty on 9 July 1970.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960).


11.  The applicant’s name is not listed on the Vietnam Casualty Roster.  Item      40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show he was wounded.  Item 41 (Awards and Decorations) does not show he was awarded the Purple Heart.  

12.  Army Regulation 600-8-22 (Military Awards) states 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 medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The evidence – a Purple Heart award certificate and a 13 March 1969 letter indicating he was wounded in action and hospitalized – provided by the applicant have been carefully considered.  

2.  However, there is no substantiating evidence to confirm that the applicant was wounded in action.

3.  The applicant’s service medical records are not available.  His name not listed on the Vietnam Casualty Roster.  There is no entry in item 40 of his DA Form    20 indicating he was wounded and no entry in item 41 indicating he was awarded the Purple Heart.  He indicated on his SF 89, dated June 1970, that his only illnesses or injuries were malaria and jungle rot and that he had never consulted or been treated by clinics, physicians, healers, or other practitioners within the past 5 years.

4.  Regrettably, in view of the lack of substantiating evidence the Purple Heart award certificate and the 13 March 1969 letter are insufficient evidence to verify that he was wounded in action.

BOARD VOTE:

____xx__  ___xx___  ___xx___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstandng the staff DISCUSSION AND CONCLUSIONS above, the Board unanimously determined during their review that the evidence presented was sufficient to warrant a recommendation for relief.  Although the Purple Heart Certificate alone does not substantiate the award, the letter from the Brigade Commander that clearly states “… wounded in action” provides sufficient support to the applicant’s claim.  Additionally, although no casualty report record exists and there is potential doubt as to the authenticity of the award certificate; the letter provides evidence to uphold the applicant’s claim.

2.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the Purple Heart and showing this award on his DD Form 214.



      _________xxxx__________								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)                                         AR20080007629



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ABCMR Record of Proceedings (cont)                                         AR20080007629



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