IN THE CASE OF:	  

		BOARD DATE:	       23 April 2009

		DOCKET NUMBER:  AR20080019578 


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 that his records be corrected to show award of three Purple Hearts.

2.  The applicant states he was awarded the Purple Heart three times while serving in Vietnam from 1971 through 1972.  He had the medals but lost them in a fire.

3.  The applicant provides no supporting documentation.

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 entered active duty in the Regular Army on 8 April 1970, completed training, and was awarded the military occupational specialty (MOS) 36C (Lineman).  He reenlisted on 21 July 1971 and again on 10 July 1974.

3.  The record shows he served in Vietnam with the 604th Transportation Company, from 19 September 1971 through 27 October 1971; Headquarters and Headquarters Company 14th Transportation Battalion, from 28 October 1971 through 20 March 1972; U.S. Army Intelligence/Lane, from 21 March 1972 through 9 June 1972; and the 180th Assault Support Helicopter Company, from 10 June 1972 through 13 September 1972.  While in Vietnam the applicant is shown to have served in the duty MOS's of 05C (Radio Teletype Operator) and 36C (Lineman).

4.  A 20 July 1971 DD Form 214 lists his awards as the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  A 9 July 1974 DD Form 214 lists his awards as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Good Conduct Medal.

6.  A 24 May 1976 DD Form 214 lists his awards as the National Defense Service Medal, the Vietnam Service Medal, the Good Conduct Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the "Vietnam Cross of Gallantry with Palm".

7.  The record contains copies of a DA Form 20 (Enlisted Qualification Record) and two DA Forms 2-1 (Personnel Qualification Record).

8.  The DA Form 20 lists his awards as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Good Conduct Medal.  It shows he participated in three campaigns in Vietnam.  Item 40 (Wounds) is blank.

9.  The earlier DA Form 2-1 lists his awards as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Good Conduct Medal, the Driver and Mechanic Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  It shows he participated in three campaigns in Vietnam.  This form does not contain any block for documenting wounds received as a result of hostile action.
10.  The second DA Form 2-1 does not list any awards, decorations or campaigns.

11.  The applicant's record contains copies of orders only for the award of an Army Commendation Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar. 

12.  The applicant's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for Board review.

13.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 for any awards for this applicant.

14.  A review of the Vietnam Casualty List failed to locate any reference to the applicant.

15.  Army Regulation 600-8-22 (Military Awards), paragraph 2-8 provides that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that he was wounded and was awarded the Purple Heart on three occasions.

2.  The available records do not contain and the applicant has provided no documentation to support his claim to have been wounded and awarded the Purple Heart.

3.  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 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)                                         AR20080019578





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ABCMR Record of Proceedings (cont)                                         AR20080019578



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