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ARMY | BCMR | CY2008 | 20080010013
Original file (20080010013.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	        09 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080010013 


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, in effect, that the award was left off his records.       

3.  The applicant did not provide any additional documentary evidence 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 that he was inducted into the Army of the United States on 8 February 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 45J (Aircraft Repairman).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 26 January 1969.  The highest rank/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 30 January 1968 to 22 January 1969.  He was assigned to B Troop, 7th Squadron, 1st Air Cavalry Regiment.  

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, the Vietnam Campaign Medal, and two Overseas Service Bars.  Item 24 of his DD Form 214 does not list award of the Purple Heart.

5.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record) does not show award of the Purple Heart.  

6.  The applicant’s records contain General Orders awarding him the Bronze Star Medal, the Air Medal with “V” Device, and the Good Conduct Medal; however, there are no General Orders in the applicant's 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 Purple Heart orders on file for the applicant.

9.  The applicant’s available medical records do not indicate that he sustained wounds or injuries as a result of hostile action or that he was treated for such wounds/injuries.   

10.  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, 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:

	 The applicant contends that he is entitled to correction of his records to show award of the Purple Heart.  However, there are no general orders that show he was awarded the Purple Heart, the applicant's name is not listed on the Vietnam Casualty Roster, and there is no evidence in his records that shows that he was wounded or injured as a result of hostile action or treated for such wounds.  In the absence of 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

__XXX __  __XXX__  __XXX__   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.




      ___        XXX                ___
                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)                                         AR20080010013





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ABCMR Record of Proceedings (cont)                                         AR20080010013



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