IN THE CASE OF:	  

		BOARD DATE:	  2 June 2009

		DOCKET NUMBER:  AR20090003058 


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, award of the Purple Heart and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, he was wounded while serving in Vietnam and he feels he should have been awarded the Purple Heart.  He also states that he was stationed in Vietnam from July 1968 through July 1969.  He would be dropped off out in the fields for maneuvers and stationed there for about 2 months at a time.  While on maneuvers, he was hit in the right arm by shrapnel. 
After his arm healed he went back out on maneuvers.  When he got back to the States he was discharged.  He further states that during a physical examination at the Milwaukee Veterans Hospital it was noted that tiny bits of shrapnel oozed from his arm and that this lasted for about a year after he was wounded.  He still has scars on his arm from it.

3.  The applicant provides a copy of his DD Form 214 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 was inducted into the Army of the United States in pay grade E-1 on 15 February 1968 for 2 years.  He completed his basic combat and advanced training and was awarded the military occupational specialty 11B, Light Weapons Infantryman.  He served in Vietnam from 21 July 1968 through 8 July 1969.

3.  The applicant was honorably released from active duty in pay grade E-5 on 13 February 1970 at the expiration of his term of service and was transferred to the U.S. Army Reserve Control Group (Annual Training).

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not list the Purple Heart.

5.  There is no entry in item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) showing he was wounded in action as a result of hostile enemy action.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 contains no entry showing he was awarded the Purple Heart.

6.  There are no orders in the applicant's military personnel records awarding him the Purple Heart.

7.  The Vietnam casualty list was reviewed to determine if the applicant had been wounded in action while he served in Vietnam.  The applicant's name is not shown in this list.

8.  A search of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) was made for orders awarding the applicant the Purple Heart.  No orders for this award were found in the ADCARS.

9.  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.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

2.  There is no evidence, and the applicant provided none, to show that he was wounded as the result of hostile action.  The applicant's name does not appear on the Vietnam casualty listing.  There were no entries made in his service personnel records to show he was wounded as a result of hostile action and no orders were published to award him the Purple Heart.

3.  Regrettably, based on the evidence in this case there is insufficient evidence on which to base award of the Purple Heart to the applicant or to have the Purple Heart added to his DD Form 214.

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)                                         AR20090003058



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ABCMR Record of Proceedings (cont)                                         AR20090003058



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