IN THE CASE OF:	

		BOARD DATE:	  17 September 2008 

		DOCKET NUMBER:  AR20080009542 


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 was wounded by shrapnel in the Republic of Vietnam in 1968 and that he was treated at a field hospital for two weeks due to his injuries.  The shrapnel metal put three holes, each the size of a silver dollar, in his left leg.

3.  The applicant provides a copy of National Archives (NA) Form 13055 (Request for Information Needed to Reconstruct Medical data), dated 31 March 2008; a copy of NA Form 13055 (Questionnaire about Military Service), dated 31 March 2008; a letter, dated 31 March 2008, from the applicant’s spouse; and a letter from the National Personnel Records Center, dated 8 May 2008, 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 records show he was inducted into the Army of the United States on 4 May 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 76Y (Supply Specialist).  He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 2 May 1969.  The highest rank and grade he attained during his military service was specialist five (SP5)/E-5. 

3.  The applicant’s records further show that he served in the Republic of Vietnam from 4 October 1967 to 4 October 1968.  He was assigned to
C Company, 2nd Battalion, 12th Cavalry, 1st Cavalry Division.  

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.  Item 24 of his DD Form 214 does not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) contains a blank entry.

6.  There are no General Orders in his records that show he was awarded the Purple Heart.

7.  The applicant’s name is not shown on the Vietnam Casualty Roster.

8.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any the Purple Heart orders on file for the applicant.


9.  The applicant’s chronological record of medical care shows that the applicant was treated for fragment wound to his left thigh on 9 January 1968.  He was prescribed medication and was returned to duty.  This record also shows that he 
followed up with medical personnel and his wound was healing on 10 and
11 January 1968.  However, there is no indication of the cause of his wound/
injury.   

10.  On 18 March 1969, the applicant underwent a separation physical examination.  He indicated on the Standard Form (SF) 88 (Report of Medical Examination) that “there has been no change in my medical condition.”   

11.  In her letter, dated 31 March 2008, the applicant’s spouse states that the applicant sustained a three-hole shrapnel injury in his buttocks while and was treated at a field hospital.  This is insufficient to grant him the Purple Heart.  

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 by medical personnel, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to correction of his records to show award of the Purple Heart was carefully considered.  However, there are no general orders or corroborating evidence that show the applicant was awarded the Purple Heart and the applicant's name is not listed on the Vietnam Casualty Roster.  

2.  The evidence of record shows that the applicant sustained fragment wounds to his left thigh and was treated at a military medical facility in the Republic of Vietnam.  However, it is unknown if his injury was a result of hostile action, friendly action, or own misconduct.  In the absence of substantial evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case. 





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)                                         AR20080009542



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ABCMR Record of Proceedings (cont)                                         AR20080009542



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