IN THE CASE OF:	 

		BOARD DATE:	  02 March 2010

		DOCKET NUMBER:  AR20090013893 


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 military records to show award of the Purple Heart.

2.  The applicant states that he was injured while engaging an enemy landmine in the Republic of Vietnam.  He received medical treatment for his injury but was not awarded the Purple Heart.

3.  The applicant provides, in support of his application, extracts from his service medical records, page 4 from his Department of Veterans Affairs (VA) rating decision, his VA statement in support of a claim, and a picture purporting to be him in the Republic of Vietnam with a bandaged right forearm.

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 22 August 1967, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and he was awarded military occupational specialty 51B (Carpenter).

3.  On 26 January 1968, the applicant departed Fort Leonard Wood, Missouri, for duty in the Republic of Vietnam.

4.  On 28 February 1968, the applicant was assigned to the 87th Engineer Battalion with the responsibilities of a carpenter.  He served with this organization until the unit was inactivated on or about 28 February 1969.  He was subsequently assigned to the 45th Engineer Group.

5.  On 21 August 1969, the applicant was assigned to the 18th Engineer Brigade. He returned to the United States on or about 15 September 1969 for assignment to Fort Leavenworth, Kansas.

6.  On 25 August 1970, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 3 years of creditable active service.

7.  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) lists his awards as the National Defense Service Medal, Vietnam Service Medal with six bronze service stars, Vietnam Campaign Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  It does not show award of the Purple Heart.

8.  Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart.

9.  The applicant’s name is not listed on the Vietnam Casualty Roster.

10.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.




11.  The Standard Form (SF) 600 provided by the applicant indicates that on 
27 July 1968 a wound to his right forearm was cleaned and dressed at the 10th Aviation Battalion dispensary in the Republic of Vietnam.  He was returned to duty.  On 20 August 1968, he had stitches removed.

12.  The applicant provided a copy of a statement, dated 30 December 2008, essentially saying that in July 1968 he had been injured while traveling in a convoy in the Republic of Vietnam.  He stated that the lead truck hit a land mine causing the rear end of that truck to be thrown backward into the vehicle in which he was riding.  He was knocked unconscious for a brief period.  After he awoke he was medically evacuated to a field hospital.  His left ear and right forearm were bleeding and his shoulder was dislocated.  His shoulder and forearm were stitched and his shoulder was put back in place.  In the 1980’s he had surgery to stop his shoulder from dislocating.  Since being discharged, he has experienced pain in his shoulder and had ear problems.  He was put in for a Purple Heart but never received it.

13.  The picture the applicant provided as proof of his wound is dated 27 July 1968.  The picture shows a male with a bandaged right forearm and a notation stating that the wound was from a landmine.  

14.  Army Regulation 600-8-22 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 was wounded in the Republic of Vietnam and should have been awarded the Purple Heart.

2.  There are no general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  The applicant’s DA Form 20 does not show any record of his being wounded in action.  The SF 600 provided by the applicant shows that he had an injury to his right forearm and that it was medically treated.  However, it does not provide substantiating evidence that this injury was the result of enemy action.  Therefore, regrettably, the applicant's request for award of the Purple Heart should not be granted.


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 the aforementioned requirement.

4.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20090013893



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ABCMR Record of Proceedings (cont)                                         AR20090013893



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