IN THE CASE OF:	  

	BOARD DATE:	  21 August 2008

	DOCKET NUMBER:  AR20080009341 


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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart

2.  The applicant states that he stepped into a hole during a mortar attack and broke his left ankle.  He was hospitalized for 1 or 2 weeks and returned to duty.

3.  The applicant provides copies of his DD Form 214, effective 30 April 1972; Enlisted Qualification Record (DA Form 20); Department of Veterans Affairs (VA) Rating Decision, dated 29 May 2003; and an approval letter for combat-related special compensation (CRSC), dated 23 July 2007. 

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 enlisted in the Army National Guard and was ordered to active duty on 31 July 1950.  He remained on active duty, serving through a series of assignments both in the United States and overseas.

3.  On or about 31 August 1966, the applicant was assigned for duty as a helicopter repairman with the 15th Transportation Corps Battalion, 1st Cavalry Division, in the Republic of Vietnam. 

4.  The applicant’s DA Form 20 shows in Item 38 (Record of Assignments) that he was hospitalized on 25 April 1967 and medically evacuated to the United States for treatment.  On 12 October 1967, he returned to the Republic of Vietnam.  Item 40 (Wounds) of this same form does not indicate that he received any wounds. 

5.  On 22 May 1968, the applicant was discharged for the purpose of immediate reenlistment.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, effective 22 May 1968, lists his awards as the National Defense Service Medal with Oak Leaf Cluster, Good Conduct Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).  It does not show award of the Purple Heart.

6.  On 23 May 1968, the applicant reenlisted for another 3 years of active duty.

7.  On 30 April 1972, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Retired).  He had attained the rank of staff sergeant, pay grade E-6 and had completed 21 years,
7 months, and 11 days of creditable active service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, effective 30 April 1972, lists his awards as the National Defense Service Medal with Oak Leaf Cluster, Air Medal with three Oak Leaf Clusters, Bronze Star Medal with three Oak Leaf Clusters, Army Commendation Medal, Good Conduct Medal with bronze clasp and four loops, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It does not show award of the Purple Heart. 

9.  There is no available evidence in the applicant’s records or on the Awards and Decorations Computer Assisted Retrieval System (ADCARS) that shows he was awarded a Purple Heart.
10.  The applicant’s name is not listed on the Vietnam Casualty Roster.

11.  Army Regulation 600-8-22 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 medical personnel, and the medical treatment must have been made a matter of official record.  

12.  The VA Rating Decision, dated 29 May 2003, shows that the applicant was awarded service-connection for residuals of a left ankle fracture because medical records show that he had fractured it in April 1967 during service.  The document does not show how, where, or under what circumstances this injury occurred.  

13.  On 23 July 2007, the United States Army Physical Disability Agency approved the applicant for receipt of CRSC compensation based on a combat-related injury to his left ankle.  The documentation does not show how, where, or under what circumstances this injury occurred.
 
DISCUSSION AND CONCLUSIONS:

There are no general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  The evidence provided by the applicant does not adequately substantiate that his injured left ankle was the direct result of enemy action.  Therefore, the applicant's request for award of the Purple Heart should be denied.

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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080009341



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