IN THE CASE OF:	  

		BOARD DATE:	  10 December 2009

		DOCKET NUMBER:  AR20090012722 


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 that his injury occurred in the Republic of Vietnam as a result of a chemical or biological agent released by the enemy in the unit/forces water supply and that awarding him the Purple Heart should be warranted.  He adds that his right calf became severely infected which required the insertion of a tube into his calf for drainage purposes.  He also states that his injury occurred just before his transfer out of Vietnam and that a civilian family physician completed the treatment while he was on leave.  There was no time to investigate the injury prior to his departure from Vietnam.

3.  The applicant did not provide any additional documentary evidence in support of his request.

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 records show he was inducted into the Army of the United States and entered active duty on 13 April 1971.  He completed basic combat and advanced individual training and was awarded military occupational specialty 93F (Field Artillery Meteorological Crewmember).  He was honorably released from active duty in the rank of specialist four/E-4 on 20 December 1972 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his military service obligations.

3.  The applicant’s records show he served in the Republic of Vietnam from on or about 23 September 1971 to on or about 21 June 1972.  He was assigned to Headquarters and Headquarters Company, 196th Infantry Brigade.

4.  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) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with a bronze service star, the Republic of Vietnam Campaign Medal with Device (1960) and one overseas service bar.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) contains no entry.  

6.  The applicant's name is not shown on the Vietnam casualty roster.  Additionally, there are no general orders in the applicant's records that show he was awarded the Purple Heart.

7.  The applicant's available medical records do not show he sustained a combat injury/wound or that he was treated for any combat injuries/wounds.  Additionally, his available medical records show he underwent a physical examination prior to separation; however, his Report of Medical Examination does not indicate any combat wounds and/or treatment for such wounds. 

8.  During the processing of this case, a member of the Board’s staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart orders on file for the applicant.  

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

There is no evidence in the applicant’s available service personnel records which shows he was wounded or injured as a result of hostile action or treated for such wounds.  Absent evidence which conclusively shows the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding the Purple Heart to the applicant in this case.

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)                                         AR20090012722



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ABCMR Record of Proceedings (cont)                                         AR20090012722



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