IN THE CASE OF:	  

		BOARD DATE:	  4 November 2008

		DOCKET NUMBER:  AR20080011734 


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, in effect, that item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be corrected to show the Purple Heart and that item 30 (Remarks) be corrected to show 12 years of high school (High School Graduate). 

2.  The applicant states, in effect, that on 28 January 1968, he received a face injury when they were ambushed in Da Nang, Vietnam.  He required two major surgeries; one in Da Nang and the other in Japan.  He requests that the corrections be made as soon as possible and that he be forwarded his Purple Heart.  He adds that after all these years and at his age, he would like to have these corrections made.  He served his country during war and he would like to show his family and grandchildren what he earned.

3.  The applicant provides a copy of a letter from a former Soldier and a copy of his DD Form 214 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 record shows he was inducted on 25 August 1967.  He was trained as a Light Air Defense Artillery Crewman, in military occupational specialty (MOS), 16F.  He was promoted to specialist four (SP4/E-4) effective 26 September 1968.  

3.  The applicant served in Vietnam from 25 January 1968 to 24 January 1969.  He served until he was honorably released from active duty on 22 August 1969. 

4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal, with four bronze service stars; the Republic of Vietnam Campaign Medal with Device (1960); the Marksman Marksmanship Qualification Badge, with Rifle Bar; the Valorous Unit Award; and the Presidential Unit Citation.  His DD Form 214 does not show any additional awards.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and the Purple Heart is not shown as an authorized award in item 41 (Awards and Decorations). 

6.  The applicant's name does not appear on the Vietnam Casualty Roster for a wound received as a result of hostile action on 28 January 1968. 

7.  There is no evidence in the applicant's DA Form 20 to show that he was medically evacuated to Japan from Vietnam to receive medical treatment.

8.  The ADCARS (Awards and Decorations Computer Assisted Retrieval System) failed to show that orders were published awarding the applicant the Purple Heart.

9.  The applicant provided a copy of a letter from a former Soldier that he alleges was with him at the time of the incident and he could explain what happened.  The former Soldier states that he is a Vietnam combat veteran.  He was in Da Nang, Vietnam, with the applicant all of 1968 in 1st Corps.  The former Soldier states that on about 20 January 1968, they were in a troop transport status riding in a deuce and a half with US Marines on a road in Dong Ha, Vietnam, when there was a “boom sound” and the truck flipped over and they were thrown hard inside the back of the truck and the applicant was hurt real bad.
10.  Item 9 (Education), of the applicant's DD Form 398 (Statement of Personal History), shows that he completed high school in 1967 and was a graduate.

11.  Item 30, of the applicant's DD Form 214, show the entry "High School Graduate." 

12.  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.  

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as a 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.

2.  There are no orders, and the applicant provided none, awarding him the Purple Heart; he is not listed on the Vietnam Casualty List; and there are no medical records available to show that he was treated for a wound as a result of hostile action.

3.  The applicant claims that he received a face injury when they were ambushed in Da Nang, Vietnam, on 28 January 1968 and that he required two major surgeries, one in Da Nang and the other in Japan.  However, he has provided no evidence, and there is none available to the Board, to support his claim that he received a face injury as a result of hostile action while serving in Vietnam.  There is no evidence he was medically evacuated to Japan to receive medical treatment for wounds he received in Vietnam.

4.  The letter provided by the applicant from a former Soldier that served with him in Vietnam was considered; however, this letter by itself is insufficient to support an award of the Purple Heart.  

5.  The evidence shows the applicant completed high school in 1967 and was a graduate.  Item 30 (Remarks), of his DD Form 214, shows that he is a high school graduate.  The applicant's DD Form 214 is correct as currently constituted and there is no basis to correct item 30 of his DD Form 214. 


6.  In order to justify correction of a military record, the applicant must show, to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

7.  In view of the foregoing, there is insufficient 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)                                         AR20080011734



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080011734



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1