IN THE CASE OF:	  

		BOARD DATE:	  4 August 2009

		DOCKET NUMBER:  AR20090004199 


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 for wounds he received in the Republic of Vietnam.

2.  The applicant states he was tagged with wounds for a Purple Heart, but he never received it.  He states he turned his tag over to his first sergeant, but he was transferred a week later and he never followed up on the award.

3.  The applicant provides no additional evidence or official documentation 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 was inducted into the Army of the United States on 20 March 1968.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was later awarded primary MOS 64C (Truckmaster).

3.  The applicant was assigned to the 3rd Battalion, 60th Infantry, 9th Infantry Division, in the Republic of Vietnam during the period from 20 October 1968 to 10 January 1969.

4.  The applicant reenlisted in the Regular Army on 9 January 1969 for a period of 3 years.

5.  The applicant was assigned to the 709th Maintenance Battalion, 9th Infantry Division, in the Republic of Vietnam during the period from 11 January 1969 to 30 August 1969.

6.  On 14 January 1970, the applicant was discharged to immediately reenlist.  Item 24 (Decorations, Medal, 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.

7.  The applicant reenlisted on 15 January 1970 for a period of 4 years.

8.  During the period from 3 November 1970 to 21 May 1972 the applicant was assigned to the 666th Transportation Company, the 805th Transportation Company, and the 572nd Transportation Company in the Republic of Vietnam.

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

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

11.  On 28 January 1974, the applicant was released from active duty by reason of the expiration of his term of service.  He had completed 4 years of active service during this period that was characterized as honorable.  He had completed a total of 5 years, 9 months, and 12 days of active service that was characterized as honorable.

12.  Item 24 of the applicant's DD Form 214 does not show the award of the Purple Heart.
13.  There are no orders in the applicant's military service records awarding him the Purple Heart.

14.  The applicant's name does not appear on the Vietnam casualty listing.

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

16.  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 for the Purple Heart for the applicant.

17.  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, and the medical treatment must have been made a matter of official record.  A wound is defined as an injury to any part of the body from an outside force or agent sustained as a result of hostile action.  

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the applicant's official military personnel file showing he was wounded or treated for wounds resulting from hostile action.

2.  The applicant contends he was tagged for wounds he received and he turned this tag over to his first sergeant.  However, his service medical records were not available for review.

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.

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 that requirement.



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)                                         AR20090004199



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ABCMR Record of Proceedings (cont)                                         AR20090004199



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