IN THE CASE OF:	  

		BOARD DATE:	        18 September 2008

		DOCKET NUMBER:  AR20080009476 


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 for wounds received during his service in the Republic of Vietnam.

2.  The applicant states that he received shrapnel wounds during aerial operations but the paperwork was not submitted at the time. 

3.  The applicant indicates on his application that he attached his medical records showing an examination for shrapnel received in the Republic of Vietnam.  However, this documentation was not attached.

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.  At the time of his application, the applicant was a retired Regular Army master sergeant, pay grade E-8.

3.  On 20 October 1966, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  On 11 April 1968, the applicant was discharged for the purpose of immediate reenlistment while he was serving in the Republic of Vietnam. 

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, effective 11 April 1968, lists his awards as the National Defense Service Medal, Vietnam Service Medal, and the Parachutist Badge.  It does not show award of the Purple Heart.   

6.  On 12 April 1968, the applicant reenlisted in the Regular Army and continued to serve in the Republic of Vietnam.  On 2 November 1970, the applicant returned to the United States.

7.  On 3 November 1970, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist five, pay grade E-5, and had completed 
4 years and 14 days of creditable active duty service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, effective 3 November 1970, lists his awards as the National Defense Service Medal, Air Medal, Army Commendation Medal with Oak Leaf Cluster, Vietnam Service Medal, [Republic of] Vietnam Campaign Medal [with “1960-“ Device], Parachutist Badge, and the Aircraft Crewman Badge.  It does not show award of the Purple Heart.  

9.   The applicant’s Enlisted Qualification Record (DA Form 20) is not available for review.

10.  On 6 October 1978, the applicant reenlisted in the Regular Army and served on active duty until his retirement for length of service on 30 April 1987.  He had attained the rank of master sergeant, pay grade E-8, and had completed a total of 20 years, 3 months, and 26 days of creditable active duty service.



11.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, effective 6 October 1978, lists his awards as the Meritorious Service Medal, Air Medal with “V” Device, Army Commendation Medal with “V” Device (three awards), Army Achievement Medal (two awards), Army Good Conduct Medal (five awards), National Defense Service Medal, Vietnam Service Medal, Noncommissioned Officer Professional Development Ribbon (Number two), Army Service Ribbon, Overseas Service Ribbon, [Republic of] Vietnam Campaign Medal [with “1960-“ Device], Combat Infantryman Badge, Parachutist Badge, United States Army Recruiter Badge, and the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.  It does not show award of the Purple Heart.

12.  There is no available evidence in the applicant’s records or on the Awards and Decorations Computer Assisted Retrieval System (ADCARS) showing that he was awarded a Purple Heart. 

13.  The applicant’s name s not shown on the Vietnam Casualty List.

14.  Only a limited number of the applicant’s service medical records are available for review.  None of these records show that he was wounded or had received medical treatment for wounds.

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

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 applicant has not provided any documentary evidence to support his contention that he was wounded while in action.   Therefore, the applicant's request for award of the Purple Heart should not be granted.







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)                                         AR20080009476



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080009476



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1