IN THE CASE OF:	  

		BOARD DATE:	        23 October 2008

		DOCKET NUMBER:  AR20080012365 


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 he was wounded in combat in the Republic of Vietnam (RVN), but declined to be medically evacuated for treatment because the unit was short of men.  He contends he received medical help at Landing Zone Evans the day after he was wounded.   

3.  The applicant provides 2 pictures of himself in the RVN and a copy of a letter he contends he sent to his parents advising them that he had been wounded, 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.  On 25 October 1967, the applicant was inducted into the Army of the United States.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He attained the grade of specialist four (SP4)/E-4.  On 6 June 1969, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  On 1 October 1973, he was honorably discharged from the USAR upon completion of his statutory military obligation.

3.  The applicant served in the RVN from 5 June 1968 through 4 June 1969.  He performed duties as a light truck driver with B Troop, 2nd Squadron, 17th Cavalry, 101st Airborne Division (Airmobile).

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 covering his period of service in the RVN does not show award of the Purple Heart.  The applicant authenticated his DD Form 214 with his signature.

5.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show that he sustained any wounds as a result of hostile action against the enemy.

6.  There are no medical records in the available military personnel file that show the applicant sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.  

7.  There are no general orders in the applicant’s records to show he was awarded the Purple Heart.  During the processing of this case, a member of 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.

8.  The applicant's name does not appear on the Vietnam Casualty Roster.

9.  The applicant provides a copy of a letter he sent to his parents while he was in the RVN.  He contends that this letter was advising his parents of his wounds.  However, this letter advises his parents that his orders had been changed and he would be leaving the RVN a week later than he had anticipated.



10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 further states that there is no time limit on submission of requests for award of the Purple Heart.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the Purple Heart.

2.  In order to be entitled to award of the Purple Heart, the applicant must show that he was wounded or injured as a result of hostile action or treated for such wounds.  The applicant contends he was wounded; however, he fails to describe his wounds or even mention the date he allegedly received these wounds.

3.  Further, there is no corroborating evidence in the official military record showing the applicant sustained wounds as a result of hostile action.  His DA Form 20 does not show that he sustained any wounds as a result of hostile action against the enemy.  There are no medical records in the available military personnel file that show the applicant sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.  There are no general orders in the applicant’s records to show he was awarded the Purple Heart.  A review of ADCARS failed to reveal any Purple Heart orders.

4.  Regrettably, 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.  Given the above, there is insufficient evidence upon which to grant award of the Purple Heart.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  __X_____  __X_____  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 our Nation.  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)                                         AR20080012365



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ABCMR Record of Proceedings (cont)                                         AR20080012365



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