IN THE CASE OF:	  

		BOARD DATE:	  14 January 2010

		DOCKET NUMBER:  AR20090011988


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 for wounds received in Vietnam in April 1968.

2.  The applicant states the award information was given to the medic.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 was inducted into the Army of the United States on 10 July 1967 for 2 years.  He was honorably discharged on 9 July 1969 by reason of expiration of term of service.
3.  The applicant's records contain a DA Form 20 (Enlisted Qualification Record) which shows:

	a.  he received basic combat training at Fort Gordon, GA;

	b.  he received advanced individual training at Fort Jackson, SC, and he was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman);

	c.  he served in Vietnam with Troop B, 3rd Squadron, 4th Cavalry, 25th Infantry Division from on or about 3 December 1967 to on or about 25 November 1968; and

	d.  he returned to the United States and performed duties as a military policeman at Hunter Army Airfield, GA, until his discharge from the Army.

4.  Item 40 (Wounds) of the applicant's DA Form 20 contains no entry.  Item 41 (Awards and Decorations) contains no entry awarding the applicant the Purple Heart.

5.  The applicant's medical records are not available for review.

6.  The applicant's name does not appear on the Vietnam Casualty Roster.

7.  There are no orders in the applicant's records awarding him the Purple Heart. There are, however, orders as follows:

	a.  General Orders Number 4687, Headquarters, 25th Infantry Division, Vietnam, dated 27 June 1968, awarding him the Army Commendation Medal with "V" [Valor] Device for action on 31 January 1968.  The orders state:

For heroism in connection with military operations against a hostile force:  Private First Class [applicant] distinguished himself by heroic actions on 31 January 1968, while serving with B Troop, 3d Squadron, 4th cavalry in the Republic of Vietnam.  With complete disregard for his own safety, Private [applicant] advanced on hostile positions with fire and movement until he was within point blank range, and then destroyed them with hand grenades.  His valorous actions were of immeasurable value to the successful completion of the mission and the defeat of the enemy force.  Private [applicant's] personal bravery and devotion to duty are in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit, the 25th infantry Division, and the United States Army.

	b.  General Orders Number 8743, Headquarters, 25th Infantry Division, Vietnam, dated 10 December 1968, awarding him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force; and

	c.  Special Orders Number 188, Headquarters, 25th Infantry Division, Vietnam, dated 6 July 1968, awarding him the Combat Infantryman Badge.

8.  Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any award of the Purple Heart on file pertaining to the applicant.

9.  The applicant's DD Form 214 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal with 2 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), 1 Overseas Service Bar, Army Good Conduct Medal, and the National Defense Service Medal.  It does not show the Purple Heart as an authorized award.  It also does not show the applicant's award of the Army Commendation Medal with "V" Device and oak leaf cluster and the Combat Infantryman Badge.

10.  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:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.  During the Vietnam War, US Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided for award of the Purple Heart.  It stated that Soldiers who were treated and returned to their units within 24 hours of being wounded would be awarded the Purple Heart by their unit of assignment.  For wounded Soldiers requiring hospitalization in excess of 24 hours or medical evacuation from Vietnam, the authority to award the Purple Heart was delegated to hospital commanders.

11.  Army Regulation 600-8-22 further states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart.

2.  The applicant's records contain no orders awarding him the Purple Heart; wounds are not listed on his DA Form 20; his name is not on the Vietnam Casualty Roster; his medical records are unavailable for review; and a check of ADCARS failed to reveal any orders awarding him the Purple Heart.

3.  The applicant was awarded an Army Commendation Medal for valor.  Many times, valor awards make reference to wounds with phrases such as, "Despite his wounds, he continued the attack…."  The applicant's valor award makes no reference to wounds.

4.  Orders also awarded the applicant the Army Commendation Medal for service and the Combat Infantryman Badge.

5.  Absent orders or corroborating evidence to support award of the Purple Heart, there is no basis for granting the applicant's requested relief.  However, the applicant and all others concerned should now that this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

6.  Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

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 determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to add the Army Commendation Medal with "V" Device and Oak Leaf Cluster and the Combat Infantryman Badge to his DD Form 214.




      _______ _   _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)                                         AR20090011988





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ABCMR Record of Proceedings (cont)                                         AR20090011988



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