IN THE CASE OF:	  

		BOARD DATE:	  18 November 2008

		DOCKET NUMBER:  AR20080014131 


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, that he be awarded the Purple Heart. 

2.  The applicant states, in effect, that during his active duty in Vietnam with the 84th Engineer Battalion, 18th Brigade, he sustained a shrapnel wound while standing guard duty.  He was treated at the aid station located in Qui Nhon, Vietnam.  The Purple Heart is not shown on his discharge document.  He was sent back to Ann Arbor VA (Department of Veterans Affairs) Medical Center for treatment.  He was also sent to Valley Forge General Hospital (VFGH) in Phoenixville, Pennsylvania.  He states that he believes his not having been awarded a Purple Heart to have been an oversight by the DOD (Department of Defense).  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his request.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  The American Legion, as counsel for the applicant, requests, in effect, that the applicant's DD Form 214 be corrected to show he was awarded the Purple Heart for shrapnel wounds he received to his back. 




2.  Counsel states, in effect, following careful review of the applicant’s evidentiary record, they are of the opinion that the issues raised on the applicant's application 
amply advances his contention and substantially reflects the probative facts needed for equitable review.  Accordingly, they respectfully rest this case on the evidence of record. 

3.  Counsel provides no additional documentation in support of the applicant’s request.

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 record shows he enlisted on 28 February 1968.  He was trained as a Water Supply Specialist, in military occupational specialty (MOS) 51N.  He was promoted to specialist four (SP4)/E-4 effective 18 September 1969.  

3.  The applicant served in Vietnam from 24 July 1968 to 19 July 1969.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that after his return from Vietnam and assignment at Fort Hood, Texas, he was in a patient status effective 7 November 1969 at USAH (United States Army Hospital), Fort Sheridan, Illinois.  He was later transferred to the MHC (Medical Holding Company), VFGH, Phoenixville.  

5.  While a patient at VFGH, he was diagnosed as having schizophrenic reaction, catatonic type.  He appeared before a PEB (Physical Evaluation Board) and was found unfit for duty.  He was released from active duty on 2 March 1970 by reason of temporary disability.  He was placed on the TDRL (Temporary Disability Retired List) effective 3 March 1970.


6.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-16).  His DD Form 214 does not show any additional awards.

7.  The applicant's DA Form 20 does not show an entry in item 40 (Wounds) and the Purple Heart is not shown as an authorized award in item 41 (Awards and Decorations). 

8.  The applicant's name does not appear on the Vietnam Casualty Roster for a wound received as a result of hostile action.

9.  The ADCARS (Awards and Decorations Computer Assisted Retrieval System) failed to show that orders were published awarding the applicant the Purple Heart.

10.  There is no evidence in the applicant's records to show that he was treated at an aid station located in Qui Nhon, Vietnam, or to show that he was sent back to Ann Arbor VA Medical Center for medical treatment.  There is also no evidence to show that he sustained a back injury while serving in Vietnam. 

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 by medical personnel, and the medical treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as a 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.

2.  There are no orders, and the applicant provided none, awarding him the Purple Heart; he is not listed on the Vietnam Casualty List; and there are no medical records available to show that he was treated for a wound as a result of hostile action.


3.  The applicant claims that during his active duty in Vietnam with the 84th Engineer Battalion, 18th Brigade, while standing guard duty, he sustained a shrapnel wound and was treated at an aid station located in Qui Nhon, Vietnam. He alleges to have been sent back to Ann Arbor VA Medical Center for medical treatment and believes his not having been awarded a Purple Heart was an oversight.  However, he has provided no evidence and there is none available to the Board to support his claim or to show that an oversight occurred.  

4.  The applicant also claims that he was sent to VFGH in Phoenixville to receive medical treatment for his wound.  However, the evidence shows that he was diagnosed as having schizophrenic reaction, catatonic type while in a patient status at VFGH.  He appeared before a PEB and was found unfit for duty.  He was released from active duty and placed on the TDRL.  

5.  Counsel claims that the applicant should be awarded the Purple Heart for wounds to his back; however, the applicant provided no evidence, and there is none available to the Board, to show that he received wounds to his back as a result of hostile action while serving in Vietnam.

6.  In order to justify correction of a military record, the applicant must show, to the satisfaction of the Board, or it must otherwise 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

___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)                                         AR20080014131



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080014131



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1