IN THE CASE OF:	  

		BOARD DATE:	  30 July 2009

		DOCKET NUMBER:  AR20090004457 


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 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), on 14 January 1967, his base camp received incoming artillery and small arms fire, and he injured his leg while running for cover during the attack.

3.  The applicant provides, in support of his application, copies of two DD Forms 8-275-3 (Clinical Record Cover Sheets), dated 18 January and 31 January 1967.

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 enlisted in the U.S. Army and entered active duty for a period of 3 years on 26 January 1966.  Upon completion of training, he was awarded military occupational specialty (MOS) 36C (Lineman).  He was subsequently awarded MOS 76Y (Supply Sergeant) as his primary MOS.

3.  The applicant's military personnel records contain a DA Form 20 (Enlisted Qualification Record).

   a.  Item 31 (Foreign Service) shows he served in the U.S. Army Pacific (USARPAC) in the RVN from 19 July 1966 through 23 February 1968.

   b  Item 38 (Record of Assignments), in pertinent part, shows he was assigned to the 578th Signal Company (USARPAC, RVN) in duty MOS 36C2O from
30 August to 25 December 1966.  He was then assigned to Headquarters and Headquarters Detachment, 509th Signal Battalion (USARPAC, RVN), in duty MOS 76A1O from 26 December 1966 to 4 July 1967.  He was then reassigned to the 578th Signal Company (USARPAC, RVN) in duty MOS 36C2O from 7 July 1967 to 15 January 1968 and then served in duty MOS 76Y4O from 16 January to 20 February 1968.

   c.  Item 40 (Wounds) is blank.
   
   d.  Item 41 (Awards and Decorations) fails to show he was authorized award of the Purple Heart.

4.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he entered active duty this period on 26 January 1966, was honorably released from active duty on 24 January 1969 based on expiration of term or service, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining military service obligation.  At the time he had completed 2 years, 11 months, and 29 days of net active service and 1 year, 7 months, and 5 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, and Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar.

5.  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 Vietnam Casualty Roster confirmed that the applicant’s name is not listed on the roster.

6.  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.

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

8.  In support of his application, the applicant provides two Clinical Record Cover Sheets, dated 18 January and 31 January 1967, that show, in pertinent part, the applicant received medical treatment at the 2nd Surgical Hospital (RVN) for a laceration of his left leg that occurred at 1055 hours, on 14 January 1967, when he fell on a cement slab injuring himself in the company area at Camp Radcliff (RVN).  

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 that his records should be corrected to show award of the Purple Heart because he injured his leg while running for cover during an attack on his base camp in the RVN on 14 January 1967.

2.  The applicant’s claim was carefully considered.  A review of the documents the applicant provides confirms that he received medical treatment at the
2nd Surgical Hospital (RVN) for a laceration of his left leg that occurred on
14 January 1967 when he fell on a cement slab in the company area at Camp Radcliff (RVN).  However, there is no evidence that the injury was the result of hostile action.  Thus, the evidence of record does not support the applicant's contention that he injured his leg while running for cover during an attack on his base camp in the RVN on 14 January 1967.  

3.  There is no evidence in the applicant’s military personnel records that shows he was wounded as a result of hostile action; his DA Form 20 does not list the Purple Heart in item 41; the applicant's name is not listed on the Vietnam Casualty Roster; and there are no orders in the applicant’s military personnel records or in the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System, that show the applicant was awarded the Purple Heart.  In addition, 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, or that the medical treatment was made a matter of official record.  Therefore, in view of all 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:

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)                                         AR20090004457



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ABCMR Record of Proceedings (cont)                                         AR20090004457



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