IN THE CASE OF:	  

		BOARD DATE:	        24 March 2009

		DOCKET NUMBER:  AR20080019185 


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 temple near his eyebrow during his service in the Republic of Vietnam and should be entitled to award of the Purple Heart.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 28 October 1968; a copy of his DD Form 215 (Correction to DD Form 214), dated 8 July 1997; and a copy of a Standard Form 600 (Chronological Record of Medical Care), dated on various dates in 1966 and 1967, 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 August 1962.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11E (Armor Crewman).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 30 August 1965.

3.  After a short break in service, the applicant enlisted in the Regular Army for a period of 3 years on 29 October 1965.  He was retrained and awarded MOS 36C (Lineman).  He was honorably discharged in the rank/grade of sergeant/E-5 on 28 October 1968.  

4.  The applicant’s records also show he served in the Republic of Vietnam from on or about 8 November 1966 to on or about 7 November 1967.  He was assigned to Company C, 125th Signal, 25th Infantry Division, from on or about 8 November 1966 to on or about 31 March 1967 and Headquarters and Headquarters Company, 1st Brigade, 25th Infantry Division, from 1 April 1967 to 7 November 1967. 

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant’s DD Form 214, dated 28 October 1968, shows he was awarded the National Defense Service Medal, the Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal, two Overseas Service Bars, and the Army Commendation Medal.  Item 24 does not show award of the Purple Heart.

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

7.  The applicant's name is not shown on the Vietnam casualty roster.

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

9.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. 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 for the applicant.

10.  The applicant's medical records are not available for review with this case.  However, the applicant submitted a copy of his Standard Form 600 that shows various entries in 1966 and 1967, among which an entry, dated 30 August 1967, that shows he was treated for a star-shrapnel wound on the right temple near the eyebrow.  His wound was cleaned, sutured, and dressed.

11.  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 contends that he is entitled to award of the Purple Heart. 

2.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather he or she is entitled to it upon meeting specific criteria.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.  

3.  In the applicant’s case, there are no general orders that show he was awarded the Purple Heart; there is no evidence in his service personnel records that shows his wound was a result of hostile action; and his name is not shown on the Vietnam casualty roster.  In the absence of documentation that shows he was wounded or injured as a result of hostile action and subsequently 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:

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.


																XXX
      _________________________
                 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)                                         AR20080019185



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ABCMR Record of Proceedings (cont)                                         AR20080019185



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