IN THE CASE OF:	  

		BOARD DATE:	 	   23 October 2008 	

		DOCKET NUMBER:  AR20080013304 


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, award of the Purple Heart.

2.  The applicant states, in effect, he sustained a shrapnel wound to his left shoulder on 8 October 1966 while serving in the Republic of Vietnam (RVN).

3.  The applicant provides a copy of page 3 of his DA Form 20 (Enlisted Qualification Record).

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 military service records show that he enlisted in the U.S. Army and entered active duty in the Regular Army (RA) for a period of 3 years on
14 September 1964.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 31M (Radio Relay and Carrier Operator).  

3.  The applicant's military service records contain a DA Form 20 (Enlisted Qualification Record).  Item 31 (Foreign Service), in pertinent part, shows he served overseas in the RVN from 28 July 1966 through 25 July 1967.  Item 40 (Wounds) contains the entry “Shrap WD Left Shoulder, 8 Oct 66 (i.e., Shrapnel wound left shoulder, 8 October 1966).”  Item 41 (Awards and Decorations) shows he was awarded the Army Commendation Medal, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

4.  The applicant's military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 26 July 1967.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Commendation Medal, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.  The DD Form 214 also shows the applicant was honorably released from active duty on 26 July 1967 and credited with completing a total of 2 years,
10 months, and 13 days net service this period.

5.  The applicant had a break in service from 27 July 1967 to 11 October 1967.  On 12 October 1967, he enlisted and reentered the RA for a period of 6 years.

6.  The applicant's records contain a second DA Form 20 (Enlisted Qualification Record).  Item 31 (Foreign Service), in pertinent part, shows he served overseas in the RVN from 27 July 1966 through 24 July 1967 and from 21 July 1971 through 11 April 1972.  Item 40 (Wounds) is absent an entry.  Item 41 (Awards and Decorations) shows he was awarded the Army Commendation Medal, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with “1960” Device, Expert Marksmanship Qualification Badge with (M-16) Rifle Bar, Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, and 3 Overseas Service Bars.

7.  The applicant's military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 11 October 1973.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Commendation Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with “1960” Device, and 3 Overseas Service Bars.  The DD Form 214 also shows the applicant was honorably discharged on 11 October 1973 and credited with completing a total of
6 years, 0 months, and 0 days of net service this period; 3 years, 0 months, and
29 days of other service; 8 years, 10 months, and 13 days of total active service; and 9 years, 0 months, and 29 days of total service.

8.  A thorough review of the applicant’s military service records revealed that there are no orders in the applicant’s records that show he was awarded the Purple Heart.  In addition, a search of the U.S. Army Human Resources Command (USA HRC), Awards and Decorations Computer Assisted Retrieval System (ADCARS) for the Vietnam Conflict failed to produce orders showing award of the Purple Heart to the applicant for wounds received in action in Vietnam.

9.  There is no medical documentation in the applicant’s military service records that shows he was wounded or treated for wounds as a result of hostile action.  In addition, a review of The Adjutant General Office, Casualty Division's Vietnam Casualty Roster confirmed that the applicant’s name is not listed on the roster.

10.  In support of his request, the applicant provides a copy of page 3 of his
DA Form 20 (Enlisted Qualification Record) that, in pertinent part, shows Item
40 (Wounds) and contains the entry “Shrap WD Left Shoulder, 8 Oct 66
(i.e., Shrapnel wound left shoulder, 8 October 1966).”

11.  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.

12.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Purple Heart because he sustained a wound to his left shoulder on
8 October 1966 while serving in the RVN and this information is recorded in Item 40 of his DA Form 20.

2.  The applicant’s DA Form 20 that was maintained during the period of his active service from 14 September 1964 to 26 July 1967 shows that Item 40 contains an entry indicating the applicant sustained a shrapnel wound to his left shoulder on 8 October 1966.  Whereas, the applicant’s DA Form 20 that was maintained during the period of his active service from 12 October 1967 to
11 October 1973 shows that Item 40 is absent an entry.  However, this single entry in Item 40 of his initial DA Form 20 provides insufficient evidence to support a claim that the applicant was wounded as a result of hostile action (emphasis added).

3.  There is no evidence in the applicant’s military service records that shows he was wounded as a result of hostile action or that he was treated for wounds as a result of hostile action and that such medical treatment was made a matter of official record.  The applicant's name is not listed on The Adjutant General Office, Casualty Division's, Vietnam Casualty Roster, and there are no orders in the applicant’s military service records or in the USA HRC, ADCARS data base that show he was awarded the Purple Heart.  Therefore, in view of the foregoing, there is insufficient evidence to support the applicant’s claim for award of the Purple Heart in this case.

4.  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.

5.  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.




      _______ _   _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)                                         AR20080013304



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ABCMR Record of Proceedings (cont)                                         AR20080013304



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