IN THE CASE OF:	  

		BOARD DATE:	  18 June 2009

		DOCKET NUMBER:  AR20090004418 


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 that he was wounded in the Republic of Vietnam during combat operations when he received shrapnel to his left leg from a rocket propelled grenade (RPG) round that exploded next to him on 10 April 1968. 

3.  The applicant provides a copy of his Standard Form 600 (Chronological Record of Medical Care) with various dates in 1968.

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 enlisted in the Regular Army for a period of 3 years on 14 September 1965.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably released from active duty in the rank of specialist four (SP4)/E-4 on 28 June 1968 and transferred to the U.S. Army Reserve Control Group (Reinforcement).

3.  The applicant’s records show he served in the Republic of Vietnam from on or about 8 April 1966 to 7 April 1967.  He was assigned to Company C, 2nd Battalion, 502nd Infantry.  His records also show he completed a second period of service in the Republic of Vietnam, in a temporary duty status, from on or about 13 February to 24 June 1968.  He was assigned to Company B, 1st Battalion, 505th Infantry.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the Parachutist Badge, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, and the Army Commendation Medal.  Item 24 does not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) contains no entry.  

6.  The applicant's name is not shown on the Vietnam Casualty Roster.

7.  There are no general orders in the applicant's records that show he was awarded the Purple Heart.

8.  The applicant completed a Standard Form 89 (Report of Medical History), on 
24 June 1968, indicating that he had experienced only minor chest pains.  He made no mention of being wounded due to hostile action. 

9.  The applicant submitted a copy of a Standard Form 600, with various dates in 1968, that shows, in part, the following entries:

	a.  on 15 April 1968, at Landing Zone (LZ) Sally, in the Republic of Vietnam, shrapnel wound, left leg, 5 days ago, has been coming in each day for dressing change; wound is too shallow for second closure, return in the morning; 

	b.  on 21 April 1968, [wound] healing well, will remove stitches in another day or two; and 
	c.  on 23 April 1968, Aid Station, 1st Battalion, 505th Infantry, stitches removed. 

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  The applicant contends that he should be awarded the Purple Heart due to a wound that he received on 10 April 1968 when an RPG exploded next to him.  

2.  Some available evidence shows the applicant was treated for a wound.  However, there is no clear evidence that the wound was caused by enemy action.  In fact, the applicant’s Standard Form 89 that was prepared as a part of his separation physical examination just two months later, shows the applicant indicated that he had only suffered from minor chest pains during this period of service.  There is no mention of any wound or illness.

3.  Additionally, the applicant’s name is not shown on the Vietnam Casualty Roster.  Therefore, the available evidence is not sufficient to show the applicant was wounded as a result of hostile action and that he was treated for such wounds. 

4.  Notwithstanding the medical documents provided by the applicant, in the absence of documentation that shows he was wounded or injured as a result of hostile action and that he was treated for those wounds, 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:

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)                                         AR20090004418



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090004418



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1