IN THE CASE OF:	  

		BOARD DATE: 	        4 June 2009 

		DOCKET NUMBER:  AR20090003172 


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 records to show award of the Purple Heart.

2.  The applicant states, in effect, while serving in the Republic of Vietnam (RVN) he was wounded (in February 1968) in ground fire at the back perimeter of Tan Son Nhut Air Base when it was overrun and the ammunition dump was destroyed.  He also states that the medical corpsman took down his name and address, and mailed the Purple Heart home to his mother; however, the award was not recorded on his discharge document.  He adds that J--- D------ was a witness.  The applicant concludes by stating he is 50 percent disabled, he has post traumatic stress disorder, and it is an injustice that his records do not show that he was awarded the Purple Heart.

3.  The applicant provides no additional documentary evidence.

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 for a period of 3 years and entered active duty on 14 September 1967. Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 43K (Canvas Repairman).

3.  The applicant's military personnel records contain a DA Form 20 (Enlisted Qualification Record), prepared on 19 September 1967 and reviewed by the applicant on 13 March 1970.

   a.  Item 31 (Foreign Service) shows that he served in the U.S. Army Pacific (USARPAC) in the RVN from 24 September 1968 through 18 August 1969.

   b  Item 38 (Record of Assignments), in pertinent part, shows he was assigned to the 136th Light Equipment Maintenance Company (USARPAC, RVN) from
27 September 1968 through 19 April 1969; assigned to Headquarters and Main Support Company (USARPAC, RVN) from 20 April through 12 July 1969; and then assigned to the 560th Maintenance Company (USARPAC, RVN) from
13 July through 17 August 1969.
   
   c.  Item 40 (Wounds) is absent an entry.
   
   d.  Item 9 (Awards and Decorations) fails to show he was authorized award of the Purple Heart.

4.  The applicant's military personnel records contain a Standard Form (SF) 89 (Report of Medical History), dated 15 June 1970, that the applicant completed during his separation medical examination.  Item 17 (Statement of Examinee’s Present Health in Own Words) is absent an entry.  Item 33 (Have You Ever Had Any Illness or Injury Other Than Those Already Noted) shows the applicant placed a checkmark in the “No” column.  Item 39 (Physician’s Summary and Elaboration of All Pertinent Data) contains the entry “[Item] # 20 [Have You Ever Had or Have You Now]  - Denies all illnesses.”  This document also shows the applicant and attending physician each placed their signature on the document.

5.  The applicant's military personnel records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows he entered active duty this period on 14 September 1967 and was discharged on 24 July 1970 with a 

[general], under honorable conditions discharge.  At the time he had completed
2 years and 2 months of net active service this period and 10 months and
25 days of foreign service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Marksman Marksmanship Qualification Badge with Rifle Bar, and 2 Overseas Service Bars.  Item 18 (Remarks), in pertinent part, contains the entries, “VIETNAM SERVICE:  24 SEP 68 – 18 AUG 69” and “DISCHARGE UPGRADED ON 29 AUG 80 FOLLOWING APPLICATION OF 28 FEB 79.”

6.  There is no documentation in the applicant’s military personnel records that shows he was wounded or treated for wounds as a result of hostile action.  In addition, a review of The Adjutant General's Office, Casualty Division, Casualty Reference Name Listing for Vietnam confirmed that the applicant’s name is not listed on the roster.

7.  A review of the applicant’s military personnel records revealed that there are no orders in the applicant’s records that show he was awarded the Purple Heart.

8.  A search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System (ADCARS) for the Vietnam Conflict failed to produce orders showing the applicant was awarded the Purple Heart.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  This Army regulation, in pertinent part, states that the Purple Heart is awarded for a wound sustained as a result of hostile action.  It provides that 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, in effect, that his records should be corrected to show award of the Purple Heart because he was wounded in February 1968 while serving in the RVN, the medical corpsman mailed the Purple Heart medal home to his mother, but the award was not recorded on his DD Form 214.

2.  The applicant’s claim that he received the Purple Heart medal during his service in the RVN was carefully considered.  It is noted the applicant provides no official documentary evidence pertaining to the nature of the injury (e.g., battle casualty report, medical treatment records, etc.) in support of his request. 

3.  There is no evidence in the applicant’s military service records that shows he was wounded as a result of hostile action, that such wound required treatment by medical personnel, or that the medical treatment was made a matter of official record.  In addition, the applicant's DA Form 20 does not list the Purple Heart in item 41; his name is not listed on The Adjutant General's Office, Casualty Division, Casualty Reference Name Listing for Vietnam; and there are no orders in the applicant’s military personnel records or in the ADCARS that show the applicant was awarded the Purple Heart.  Therefore, in view of the foregoing, the applicant is not entitled to award of the Purple Heart in this case.

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 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)                                         AR20090003172



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ABCMR Record of Proceedings (cont)                                         AR20090003172



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