IN THE CASE OF:	

		BOARD DATE:	  20 November 2008

		DOCKET NUMBER:  AR20080016053 


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 and correction of his records to show award of the Good Conduct Medal (1st Award) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

2.  The applicant states that he sustained a head injury during his service in Vietnam.  However, his medical records are not available because his entire unit's records, including medical records, were destroyed in an attack in Vietnam. 

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

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 4 October 1968;

	b.  Headquarters, 1st Armored Division, General Orders Number 94, dated 4 September 1968, awarding him the Good Conduct Medal (1st Award);

	c.  witness statement, dated 9 June 2008;

	d.  Headquarters, 25th Infantry Division, General Orders Number 4694, dated 4 December 1967, awarding the witness the Purple Heart;

	e.  Headquarters, 25th Infantry Division, General Orders Number 502, dated 4 February 1968, awarding the witness the bronze Star Medal;

	f.  photographs of individuals marked with the applicant's name and another individuals' name;

	g.  Standard Form 89 (Report of Medical History), dated 4 October 1968;

	h.  Standard Form 88 (Report of medical Examination), dated 4 October 1968;

	i.  undated Standard Form 601 (Immunization Record);

	j.  Standard Form 603 (Dental Records);

	k.  Immunization Certificate;

	l.  undated internet historical extract from an unknown source; and

	m.  undated extract of what appears to be a Department of Veterans Affairs (DVA) correspondence document.

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 5 October 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 4 October 1968.  The highest rank he attained during his military service was specialist five/E-5.

3.  The applicant’s records show he served in the Republic of Vietnam from 15 March 1967 to 11 March 1968.  He was assigned to Company B, 1st Battalion (Mechanized), 5th Infantry Division.
4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Bronze Star Medal, the Vietnam Service Medal with three bronze service stars, the Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Marksman Marksmanship Qualification Badge with Pistol Bar, and the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar.  Item 24 does not show award of the Purple Heart, the Good Conduct Medal, or the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  Headquarters, U.S. Army Training Center, Fort Campbell, Kentucky, Special Orders Number 156, dated 29 November 1966, show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) on 7 November 1966.

6.  Headquarters, 1st Armored Division, Fort Hood, Texas, General Orders Number 94, dated 4 September 1968, show the applicant was awarded the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 5 October 1966 to 4 October 1968.

7.  The applicant's records do not contain orders awarding him the Purple Heart.

8.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains a blank entry.  Furthermore, item 41 (Awards and Decorations) of the applicant’s DA Form 20 does not show award of the Purple Heart.

9.  The applicant’s name is not shown on the Vietnam Casualty Roster.

10.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command, 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 pertaining to the applicant.

11.  The applicant’s report of medical history, dated 4 October 1968, does not indicate that he suffered any combat wounds or injuries throughout his military service.

12.  The applicant submitted a witness statement, dated 9 June 2008, in which the witness states that his friend [the applicant] received combat wounds in South Vietnam on 31 March 1967.  The witness states that he served in the same mortar platoon and was present at the time the applicant sustained his injury when the applicant's armored personnel carrier was one of many disabled by enemy antitank rockets.

13.  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.  General Orders awarded the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity, which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

2.  Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

3.  With respect to award of the Purple Heart, the witness statement is noted; however, there are no permanent orders that show the applicant was awarded the Purple Heart; there is no evidence in his service personnel records that shows that 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 

_____x__  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Good Conduct Medal (1st Award) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.



      __________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)                                         AR20080016053



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ABCMR Record of Proceedings (cont)                                         AR20080016053



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