IN THE CASE OF:	  

		BOARD DATE:	  1 October 2009

		DOCKET NUMBER:  AR20090008486 


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 the award of the Purple Heart.

2.  The applicant states that he was wounded in action and that he never reported that he was wounded.

3.  The applicant provides photographs of his barracks at Can Tho Air Field in the Republic of Vietnam; a letter, dated 15 April 2009, from an individual who contends that he served with the applicant while he was in Vietnam; and a self-authored letter, dated 27 April 2009, addressed to the Army Review Boards Agency, explaining the events that led to him being wounded while he was in Vietnam.

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.  On 2 July 1966, the applicant enlisted in the Army in Oahu, Hawaii, for 3 years, in the pay grade of E-1.  He successfully completed his training as an OV-1 airplane repairman.  He arrived in Vietnam on 7 October 1967 and he was assigned to the 502nd Transportation Detachment.

3.  The applicant departed Vietnam on 6 October 1968 and he returned to the Continental United States.  He was assigned to the 572nd Transportation Detachment, Fort Lewis, Washington. 

4.  On 1 July 1969, the applicant was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, chapter 2, at the expiration of his term of service.  He was transferred to the United States Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

5.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that the applicant was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal w/Device 1960, the Aircraft Crewmember Badge, two Overseas Service Bars, the Sharpshooter Marksmanship Qualification Badge (Rifle M-14), and the Sharpshooter Marksmanship Qualification Badge (Rifle M-16).

6.  A review of the Vietnam Casualty Roster does not show the applicant was wounded in action while he was in Vietnam.  There is no evidence in the applicant's records that shows that he was wounded in action while he was in Vietnam.

7.  In the letter of support, dated 15 April 2009, the individual states, in effect, that the applicant sustained a shrapnel wound to the back of his leg when the compound was attacked with mortars and rockets.  He states that the applicant was injured while helping other wounded men and that a couple of the men were killed.

8.  In the self-authored letter, dated 27 April 2009, the applicant states that the company to which he was assigned was under mortar and recoilless rifle attack when a recoilless rifle round landed in the middle of the barracks.  He states that to his recollection, two of his comrades were killed and five were wounded.  He states that he was between the two Soldiers who were killed and one who was severely wounded.  He states that he wrapped his wound with a piece of cloth as it was only a flesh wound, and that he did not report it nor did he seek medical help because there were others around him who needed more assistance.  He concludes by providing the names of other possible witnesses to his injury.

9.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart.

2.  During this review both the applicant’s contentions and the documentation that he submitted were considered.  However, there is no evidence in the available records that shows he was ever wounded in action while he was in Vietnam and the available evidence is not sufficient to award the Purple Heart.

3.  A review of the Vietnam Casualty Roster does not show the applicant was wounded in action while he was in Vietnam and in accordance with the applicable regulation, 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.  Therefore, the applicant does not meet the criteria for award of the Purple Heart.

4.  In order to justify correction of a military record the applicant must show 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.

5.  In view of the foregoing, there is no basis for granting the applicant’s request.

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)                                         AR20090008486



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ABCMR Record of Proceedings (cont)                                         AR20090008486



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