IN THE CASE OF:	  

		BOARD DATE:	  2 June 2009

		DOCKET NUMBER:  AR20090002189 


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 he was hit with shrapnel from a mortar barrage.  He states a field medic treated him but after a week or so the wound became infected and he was treated by Dr. S_____ at Camp Katica, Vietnam on 
11 March 1966.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty) with an effective date of 22 December 1966 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 military personnel records show he enlisted in the Regular Army on 2 March 1964 for a period of 3 years.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11B (Light Weapons Infantryman).

3.  The applicant was assigned to Vietnam from 4 January through 21 December 1966.  He served with Company C, 1st Battalion, 14th Infantry from 4 January through 28 August 1966 and he was assigned to Headquarters and Headquarters Company, 1st Battalion, 14th Infantry from 29 August through 
20 December 1966.

4.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not contain any entries indicating the applicant received any wounds.  

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the award of the Purple Heart.

6.  On 22 December 1966, the applicant was released from active duty and transferred to the United States Army Reserve Control Group.  He had completed 2 years, 9 months, and 21 days of active service that was characterized as honorable.

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show the award of the Purple Heart. 

8.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) of the applicant's DD Form 214 contains the entry "None."

9.  The applicant's service medical records were not available for review.

10.  The Vietnam Casualty List, a compilation of all casualties during the Vietnam War, also does not show the applicant is listed as a casualty.

11.  Army Regulation 672-5-1 (Military Awards), then in effect, provides, in pertinent part, that the Purple Heart is awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. armed services has been wounded, killed, or who has died as a result of 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 a medical officer, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, provided, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that was received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the 
DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was hit by shrapnel from a mortar barrage and was treated by a doctor in the Republic of  Vietnam.  However, he has provided no corroborating documents or evidence to show he was wounded or treated for wounds resulting from hostile action.  His service medical records were not available for review.  Therefore, there is no substantiating evidence to verify that the applicant received shrapnel wounds as a result of hostile action, the injuries required treatment, or that the medical treatment was made a matter of official record.

2.  The Vietnam Casualty Listing does not show the applicant was a casualty and item 40 of his DA Form 20 does not show he received any wounds requiring medical treatment that was received as a result of hostile or enemy action.  Item 27 of the applicant’s DD Form 214 also indicates he did not receive any wounds as a result of action with enemy forces during the period of service entered on the DD Form 214.

3.  In the absence of military records which show that the applicant was wounded or treated for wounds resulting from hostile action, 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:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  





      _______ _   _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)                                         AR20090002189



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ABCMR Record of Proceedings (cont)                                         AR20090002189



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