IN THE CASE OF:	

		BOARD DATE:	      9 April 2009

		DOCKET NUMBER:  AR20080019263 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart for wounds received while in the Republic of Vietnam.

2.  The applicant states, in effect, that all company records, including medical records, were destroyed during May 1968, when the beachhead was hit by a typhoon.  Only "lessons learned" records could be found for this period.

3.  The applicant provides copies of his two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), effective 19 December 1968 and 19 March 1971; two letters of support; two pages extracted from operational reports; medical reports from the Oklahoma City Department of Veterans Affairs (VA) Medical Center dated 31 March 1995; and a partial copy of a VA medical record from the West Palm Beach VA Medical Center, dated 8 April 1997.  He provides a letter from the National Archives and Records Administration, dated 6 March 2002, informing him that the records for the 403d Transportation Company for 1968 could not be located, but did provide him with records of the unit to which the 403d Transportation Company was attached.  He also provides a letter from the National Archives and Records Administration, dated 22 October 2002, informing the applicant's Representative in Congress that records pertaining to the 403d Transportation Company during the time of the applicant's assignment could not be located.



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.  On 1 December 1966, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 71N (Movement Specialist).  He was subsequently assigned for duty at Fort Jackson, South Carolina.

3.  On 8 September 1967, the applicant was placed on assignment for duty in the Republic of Vietnam.

4.  On 23 October 1967, the applicant was assigned duty as a cargo handler with the 403d Transportation Company in the Republic of Vietnam.  He served in this position until his return to the United States on or about 11 October 1968.

5.  On 20 November 1968, the applicant was assigned for duty as a cargo handler at Fort Eustis, Virginia.

6.  On 19 December 1968, the applicant was discharged for the purpose of immediate reenlistment.  He reenlisted on 20 December 1969 for another 3 years of active duty service.

7.  On 27 December 1968, the applicant was placed on orders for assignment to the Federal Republic of Germany.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 effective 19 December 1968, as subsequently corrected on a DD Form 215, lists his awards as the National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Purple Heart.

9.  On 9 February 1969, the applicant was assigned for duty as a movement specialist with the Movement Control Agency in Nurnberg, Germany.  He subsequently returned to the United States on or about 17 March 1971.

10.  The applicant’s name is not listed on the Vietnam casualty roster.

11.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.

12.  Review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart.

13.  Army Regulation 600-8-22 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.

14.  The applicant has provided an undated statement from a former Soldier.  The author states that a hurricane hit Wunder Beach in Quang Tri Province in the Republic of Vietnam causing waist deep water in their area.  They came under attack and were forced back towards the ocean.  The author further states that on another occasion, while in Cam Ranh Bay, they watched as four persons who were being interrogated were thrown from helicopters.  Also, at least one of the enemies was hung from a helicopter, flown through the trees, picked up really high, and dropped.  This was in 1968.  The author also states that the applicant got hit by shrapnel and was sewn up while in an armored personnel carrier at Wunder Beach.

15.  In a letter, dated 1 December 2006, the applicant's brother wrote that he had been informed in May 1968 of the applicant being hurt while in the Republic of Vietnam.  This letter does not provide any information about how the applicant was hurt.

16.  The extracts of operational reports provided by the applicant do not show any evidence that the applicant was wounded by enemy action or that he received any medical treatment for wounds.
17.  The VA medical record, dated 8 April 1997, indicates that the applicant has a one-inch scar from a shrapnel fragment wound to his lower back.  It does not provide any specifics concerning the circumstances surrounding this injury or if any medical treatment had been rendered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was wounded in action during his service in the Republic of Vietnam and should be awarded the Purple Heart.  He further contends that records were lost due to a typhoon.

2.  There are no general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam casualty roster.  There are no available personnel or medical records documenting that he sustained a wound or wounds as a result of enemy action or that he received medical treatment for any such wounds.

3.  The letter of support indicating that the applicant was wounded in action and had received medical treatment while in the field is not a sufficient basis for award of the Purple Heart without corroborating documentation.

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 the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20080019263



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ABCMR Record of Proceedings (cont)                                         AR20080019263



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