IN THE CASE OF:	  

		BOARD DATE:	        23 October 2008

		DOCKET NUMBER:  AR20080014033 


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 received a shrapnel wound to his right leg on 10 March 1971 in the Republic of Vietnam. 

3.  The applicant indicates that he has provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of his medical records; however, there was no documentary evidence provided by the applicant 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.  The applicant's records show he enlisted in the Regular Army for a period of 3 years on 30 June 1967.  He completed basic combat training and advanced individual training and he was awarded military occupational specialty (MOS) 13A (Field Artillery-Basic).  He was honorably discharged on 22 January 1970 for the purpose of immediate reenlistment.  The highest rank he attained during this period of military service was sergeant (SGT)/E-5.

3.  The applicant’s records show he served in the Republic of Vietnam from 27 November 1967 to 22 November 1968.  He was assigned to C Battery, 3rd Battalion, 16th Artillery.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant’s DD Form 214, dated 22 January 1970 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Army Commendation Medal.  Item 24 does not show award of the Purple Heart.  

5.  The applicant's records also show he executed a 6 year reenlistment in the Regular Army on 23 January 1970.  He subsequently served a second tour in the Republic of Vietnam from 17 December 1970 until 14 July 1971 and he was assigned to C Battery, 3rd Battalion, 16th Artillery.  He left his unit in an absent without leave (AWOL) status, and was subsequently dropped from the Army rolls.  He was eventually discharged for the good of the service under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations), on 20 June 1972.

6.  Item 24 of the applicant's DD Form 214, dated 20 June 1972, does not show award of the Purple Heart.

7.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows no entry.

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

9.  The applicant's medical records are not available for review with this case.

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




11.  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.

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.  This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.

13.  U.S. Army Vietnam (USARV) 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:

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

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.  



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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)                                         AR20080014033



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ABCMR Record of Proceedings (cont)                                         AR20080014033



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