IN THE CASE OF:	  

		BOARD DATE:	        25 August 2009

		DOCKET NUMBER:  AR20090004536 


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, he injured his right arm on an unknown date while serving in the Republic of Vietnam (RVN).  He also states he was told by his commanding officer he would receive the Purple Heart for the injury; however, he was sent home on emergency leave just a few weeks later and never received the award.

	a.  He states he is currently being treated for Post Traumatic Stress Disorder (PTSD) and he has a problem with dates.  As a result, he is unable to recall the exact date of his injury.  He adds that the photograph he provides in support of his request showing a field dressing on his right arm offers evidence of his injury.

	b.  He states that he does not believe his claim to the Purple Heart should be denied simply because Army personnel did not complete the paperwork to show he was injured as a result of hostile action.

3.  The applicant provides, in support of his application, copies of page 3 of his DA Form 20 (Enlisted Qualification Record); Headquarters, 233rd Transportation Company (Heavy Truck), Unit Orders Number 2, dated 10 January 1972; The Army Commendation Medal Citation; copies of a newspaper article titled
"233rd Beats The Clock" with two photographs; DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of
18 July 1971; and two DD Forms 214 (Report of Separation from Active Duty), with effective dates of 29 January 1975 and 11 August 1976.

COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE:

1.  Counsel requests correction of the applicant's records to show award of the Purple Heart.

2.  Counsel states, in effect, she represents the applicant in his claim for service-connected disability benefits and requests a review of his military records for an award of the Purple Heart.

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 and entered active duty on 15 September 1970.  Upon completion of training, he was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver).

3.  The applicant reenlisted on 19 July 1971, was awarded MOS 64C (Truckmaster), and he reenlisted again on 30 January 1975.

4.  The applicant's military personnel records contain a DA Form 20 showing:

   a.  Item 31 (Foreign Service) shows he served in the RVN from 11 October 1971 through 20 April 1972.

   b.  Item 38 (Record of Assignments) shows he was assigned to the
233rd Transportation Company (Light Truck) (RVN) from 17 October 1971 to
21 March 1972.  He was then assigned to the 446th Transportation Company (RVN) from 22 March to 19 April 1972.

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

5.  The applicant's DD Form 214, that documents his initial period of active duty service, shows he entered active duty this period on 15 September 1970 and was honorably discharge on 18 July 1971 for the purpose of his immediate reenlistment.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal.

6.  The applicant's DD Form 214, for the period of service under review, shows he entered active duty this period on 19 July 1971 and was honorably discharged on 29 January 1975 for the purpose of his immediate reenlistment.  Item
26 (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, one Overseas Service Bar, and one Service Stripe.

7.  The applicant's final DD Form 214 shows he entered active duty this period on 30 January 1975 and was honorably discharged on 11 August 1976 based on personal hardship.  At the time he had completed 6 months and 12 days of net active service this period; 4 years, 4 months, and 15 days of prior active service; and 4 years, 10 months, and 27 days of total active service and total service for pay.  Item 26 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Good Conduct Medal, Republic of Vietnam Campaign Medal with Device (1960), Drivers Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with (M-16) Rifle Bar, and Marksman Marksmanship Qualification Badge with (.45 caliber) Pistol Bar.

8.  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.

9.  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.

10.  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.
11.  In support of his application, the applicant provides, in pertinent part, the following documents.

	a.  Headquarters, 233rd Transportation Company (Heavy Truck), Unit Orders Number 2, dated 10 January 1972, that show the applicant was appointed to the grade of acting sergeant.

   b.  Army Commendation Medal Citation that shows the Army Commendation Medal was presented to the applicant for meritorious service in connection with military operations against a hostile force in the RVN during the period October 1971 to May 1972.
   
   c.  A copy of a newspaper article titled "233rd Beats The Clock" that describes a mission requiring 35 supply and platform trailers was accomplished by Soldiers of the 233rd Transportation Company (RVN) on 16 January 1972.
   
   d.  Copies of two photographs; one shows a military compound and one shows four Soldiers in front of two tanks with one of the Soldier's pictured wearing a bandage on his right arm.
   
12.  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.

2.  The applicant's claim was carefully considered.  In his request the applicant claims he received an injury to his right arm on an unknown date in the RVN and he provides a photograph of a Soldier (presumably the applicant when he was in the RVN) wearing a bandage on his right arm.  However, the applicant provides no official documentary evidence pertaining to the nature of the injury
(e.g., casualty report, medical treatment records, etc.) in support of his claim.

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 a wound in item 40 or 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)                                         AR20090004536



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ABCMR Record of Proceedings (cont)                                         AR20090004536



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