IN THE CASE OF:	  

		BOARD DATE:	  1 September 2009

		DOCKET NUMBER:  AR20090006504 


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 he was taken by a "marine helicopter to Chu Lai (a marine hospital in I corps)" following an injury in Tam Ky, South Vietnam, and never received his Purple Heart.  He states his medical records plainly stated that he was taken to the Marine hospital.

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 enlisted in the Regular Army on 10 November 1964 for a period of 3 years.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 72B (Communications Center Specialist).

3.  The applicant was assigned to the 178th Signal Company in the Republic of Vietnam on 27 November 1965.  Upon deactivation of this unit he was assigned to the 37th Signal Battalion until his departure from the Republic of Vietnam on 29 April 1967.

4.  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.

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

6.  On 9 November 1967, the applicant was discharged to immediately reenlist on 10 November 1967.  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) does not show he was awarded the Purple Heart.

7.  On 19 September 1968, the applicant was discharged to accept a commission.  Item 24 of his DD Form 214 does not show he was awarded the Purple Heart.

8.  On 20 September 1968, the applicant was commissioned a second lieutenant in the U.S. Army Reserve and ordered to active duty.

9.  The applicant was assigned to Advisory Team 44, U.S. Military Assistance Command, Vietnam, in the Republic of Vietnam from 16 September 1970 to 6 July 1971.

10.  Item 21 (Awards and Decorations) of the applicant's DA Form 66 (Officer Qualification Record) does not show the applicant was awarded the Purple Heart.

11.  On 17 April 1972, the applicant was released from active duty.  Item 24 of his DD Form 214 does not show that he was awarded the Purple Heart.

12.  There are no orders in the applicant's military service records awarding him the Purple Heart.
13.  The applicant's name does not appear on the Vietnam casualty listing.

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

15.  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.

16.  Army Regulation 672-5-1 (Military Awards), then in effect, provided in pertinent part that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. armed services had been wounded, killed, or who had died as a result of 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 by a medical officer, and the medical treatment must have been made a matter of official record.

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.  His service medical records were not available for review.

2.  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.

3.  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)                                         AR20090006504





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ABCMR Record of Proceedings (cont)                                         AR20090006504



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