IN THE CASE OF:	  

		BOARD DATE:	        18 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080011794 


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 that his records be corrected to reflect his award of the Purple Heart.  

2.  The applicant states that he was blown off a vehicle track retriever while refueling it and was blinded temporarily and burned on his chest and face.  He goes on to state that he was awarded the Purple Heart; however, there appears to be no record of it and his medal has disappeared.  He further states that it is unfair to state that he does not have the Purple Heart when his family has seen it.  Additionally, the information regarding his receipt of the Purple Heart was destroyed before it was sent back here from Vietnam. 

3.  The applicant provides statements in support of his Department of Veteran Affairs (VA) claim for service-connection for Post-Traumatic Stress Disorder (PTSD), several hospital consultation notes, a copy of his Honorable Discharge Certificate, and his reports of separation.

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 enlisted in the Indiana Army National Guard (INARNG) on
5 June 1961 for a period of 3 years.  He was ordered to active duty for training (ACDUTRA) on 18 June 1962 and completed his training in military occupational specialty (MOS) 140.00 (field artillery basic) before being honorably released from ACDUTRA on 16 December 1962 and being transferred back to his INARNG unit.  He remained in the INARNG until he was honorably discharged from the INARNG on 4 June 1966 and was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement). 

3.  On 12 July 1966, he enlisted in the Regular Army for a period of 3 years and was transferred to Fort Sill, Oklahoma, where he underwent training as an automotive maintenance apprentice. 

4.  On 22 March 1967, he was transferred to Vietnam and was assigned to Company C, 2nd Battalion, 34th Armor Regiment.  He was initially assigned as a track vehicle mechanic and on 10 August 1967, he was advanced to the pay grade of E-4.  On 25 August 1967, he was assigned as a shop clerk in military occupational specialty (MOS) 71B20 (clerk/typist).  

5.  He departed Vietnam on 14 March 1968 and was transferred to Germany on 5 May 1968, for assignment to an infantry company as a general vehicle repairman. 

6.  He departed Germany on 20 June 1969 and was transferred to Fort Dix, New Jersey where he was honorably discharged on 21 June 1969.  He had served 2 years, 11 months and 10 days of active service during his current enlistment and his DD Form 214 issued at the time of his discharge shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.

7.  A review of the available records, as well as the Vietnam Casualty Listing and the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era failed to show any evidence that the applicant was wounded or injured as a result of enemy action in Vietnam or that he was awarded the Purple Heart. 

8.  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.  While the sincerity of the applicant’s contention that he was awarded the Purple Heart is not in doubt, there is no evidence in the applicant’s military records, and the applicant has not provided sufficient evidence to show that he was in fact wounded as a result of enemy action, that he was treated for such wounds and that he was awarded the Purple Heart.  

2.  The applicant’s contentions and supporting documents have been noted; however, the lack of sufficient evidence coupled with the passage of time       (30+ years) makes it difficult at best to establish if the applicant met the criteria for award of the Purple Heart.  Therefore, in the absence of such evidence, it must be presumed that what the Army did at the time was correct.  Accordingly, there appears to be no basis to award him the Purple Heart at this time.   

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.  The applicant has failed to submit evidence that would satisfy this requirement.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX__  __XXX___  __XXX__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.
2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      ________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)                                         AR20080011794



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ABCMR Record of Proceedings (cont)                                         AR20080011794



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