IN THE CASE OF:	  

		BOARD DATE:	       15 October 2008

		DOCKET NUMBER:  AR20080012841 


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 on 3 March 1969, while unloading a merchant marine ship at a pier in Cam Ranh Bay, in Vietnam. 

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 19 September 1969.

	b.  Undated self-authored statement.

	c.  Certificate, dated 2 August 1969, and a citation to accompany award of the Army Commendation Medal.

	d.  Operational Report, dated 15 May 1969, for U.S. military operations in Vietnam.

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 26 January 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63B (Wheeled Vehicle Repairman).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 19 September 1969. The highest rank/grade he attained during this period of military service was specialist four (SP4)/E-4.

3.  The applicant's records also show he served in the Republic of Vietnam from 24 September 1968 to 20 September 1969.  He was assigned to the 870th Transportation Company from 24 September 1968 to 3 June 1969 and the 592nd Transportation Company from 4 June 1979 to 20 September 1969.

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 Republic of Vietnam Campaign Medal, two Overseas Service Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 24 does not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant's DA Form 20 shows a blank entry.  

6.  The applicant's name is not shown on the Vietnam Casualty Roster.

7.  There are no general orders in the applicant's records that show he was awarded the Purple Heart.

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.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) does not indicate that he was a patient at any Field Hospital due to injuries/wounds received during his service in the Republic of Vietnam.  Furthermore, Item 41 (Awards and Decorations) of this form does not show award of the Purple Heart.

10.  In his undated self-authored statement, the applicant states that on 3 March 1969, he was driving a 5-ton truckload of ammunition and bombs alone, and that when he arrived at a pier where a merchant marine had docked earlier, the pier received rocket fire.  He was ordered by an officer to cut the lines so the ship may depart the dock.  After parking his truck, he ran in the direction of the ship.  However, at the foot of the ramp, 50 yards away from the ship, he was struck in the head by an exploding rocket.  Someone picked him up and took him to the dispensary where his forehead wound was cleaned and stitched.  

11.  The applicant submitted an extract of an Operational Report, dated 15 May 1969, which shows that on 3 May 1969, Cam Ranh Bay received 28 rounds of mortar and 140 mm rocket fire near the pier.  Friendly losses consisted of two personnel killed in action and three wounded in action.  

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was injured in the Republic of Vietnam, his self-authored statement, and the operational report submitted by the applicant, were carefully considered.  However, they are insufficient to award the applicant the Purple Heart in this case.

2.  There are no general orders that show the applicant was awarded the Purple Heart, his name is not shown on the Vietnam casualty Roster, and there is no evidence in his service personnel records that show he was wounded or injured as a result of hostile action or treated for such wounds.  In the absence of corroborating documentation that shows he 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.

3.  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.  

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.



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               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)                                         AR20080012841



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ABCMR Record of Proceedings (cont)                                         AR20080012841



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