IN THE CASE OF:	

		BOARD DATE:	  
		DOCKET NUMBER:  AR20080009423 


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 that he should have received the Purple Heart for an injury causing him to be hospitalized with blood poisoning while serving in the Republic of Vietnam.  He also states that the record is unjust because of the fact their commanding officer at the time would not do anything because the injury was listed as a cut that got infected.  He further states that there was no mention made to the fact that he received the cut under fire while transporting troops to reinforce their perimeter in the event of an attack.  He is being denied the proper health and disability benefits because he was not awarded the Purple Heart that he should have received for the duty he was performing at the time of the injury.  He also states that his medical records can verify his injury and the time spent in the 85th Evacuation Medical Unit in Phu Bai, Vietnam.

3.  The applicant provides no additional documentary evidence in support of his request.

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 records show he enlisted in the Regular Army in pay grade E-1 on 28 April 1969 for 3 years.  He completed basic and advanced individual training and was assigned military occupational specialty 76A, Supply Clerk.  He was promoted to pay grade E-3 on 4 September 1969.

3.  The applicant was honorably discharged for the purpose of immediate reenlistment on 12 January 1970.  He reenlisted on 13 January 1970 for 3 years. He served in the Republic of Vietnam from 13 April 1970 to 22 March 1971.

4.  The applicant was honorably released from active duty in pay grade E-2 on 31 January 1972 and was transferred to the United States Army Reserve Control Group (Reinforcement).

5.  The applicant was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that lists the following awards in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):  the National Defense Service Medal; the Vietnam Service Medal; and the Republic of Vietnam Campaign Medal with Device (1960-).

6.  There are no orders in the applicant’s service personnel record that show he was awarded the Purple Heart during his period of service in the Republic of Vietnam.  There is also no evidence in his record that shows he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in Item 40 (Wounds) or list the Purple Heart in Item 41 (Awards and Decorations).

7.  The Vietnam Casualty Roster does not show the applicant’s name and there are no medical treatment records available to show how or when he might have been wounded or injured.

8.  A review of the Awards and Decorations Computer Assisted Retrieval System of the records of the applicant's units for the time frame the applicant served in Vietnam was conducted.  This review failed to show any orders were published authorizing award of the Purple Heart to the applicant.

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

DISCUSSION AND CONCLUSIONS:

1.  By regulation, to be awarded the Purple Heart it is necessary to establish that a Soldier was wounded or injured in action.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or injured or treated for wounds or injuries as a result of hostile action in the Republic of Vietnam.  Based on the foregoing, the applicant does not meet the regulatory requirement for award of the Purple Heart; therefore, he is not entitled to this award.

2.  The evidence of record contains no orders or record of medical treatment for wounds or injuries received in action and made a matter of official record at the time.  The evidence also does not show he was ever recommended for or awarded the Purple Heart by proper authority.  Further, the Purple Heart is not included in the list of authorized awards contained on his DD Form 214, dated 31 January 1972.  Therefore, absent corroborating evidence confirming the applicant's account of how he received his alleged injury (eyewitness accounts, chain of command supporting letters, etc.), the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.

3.  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.  

4.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20080009423



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ABCMR Record of Proceedings (cont)                                         AR20080009423


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