IN THE CASE OF:	

		BOARD DATE:	  23 February 2010

		DOCKET NUMBER:  AR20090014638 


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 DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.  He also requests correction of item 6 (Date of Rank) of his DD Form 214 to show December 1968 instead of
20 June 1969.

2.  The applicant states, in effect, that he was wounded by enemy fire in the summer of 1968 in Vietnam and he was treated by a combat medic.  He also contends that he made the rank/grade of specialist four (SP4)/E-4 in December 1968 and he was promoted to drill sergeant in July 1969, but was never given orders.

3.  The applicant provides a copy of his DD Form 214 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 4 January 1968.  He served as a light weapons infantryman in Vietnam from 18 June 1968 to 14 June 1969.  On 17 December 1969, he was released from active duty in the temporary rank of SP4 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.

3.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  Item 5a (Grade, Rate, or Rank) shows the entry "SP4 (T)" [Temporary]; item 5b (Pay Grade) shows the entry "E-4"; and item 6 shows the entry "20 Jun 69" [20 June 1969].

4.  There is no evidence in the available records which show that the applicant was awarded the Purple Heart or that he was wounded as a result of hostile action in Vietnam.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank.  The applicant's name does not appear on the Vietnam Casualty Roster.

6.  On 14 November 1969, the applicant underwent a separation physical examination.  The applicant's Standard Form (SF) 88 (Report of Medical Examination) that was completed by the examining physician and the SF 89 (Report of Medical History) completed by the applicant and reviewed by the same examining physician makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.
 
7.  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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

8.  Item 33 (Appointments and Reductions) on the applicant's DA Form 20 shows he was advanced to SP4/E-4 (temporary), with a date of rank of 20 June 1969.

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 by medical personnel, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents.  The purpose of a separation document is to provide the individual with documentary evidence of his/her military service.  It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled.  Therefore, it is important that information entered is complete and accurate.  It also established standardized policy for the preparation of the DD Form 214.  It stated, in effect, that for item 6, enter the date of rank for the grade shown in item 5a.  It further states, if grade at time of separation is not permanent, the permanent grade, date of appointment, and date of rank, if different from date of appointment, will be entered in item 30 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Republic of Vietnam.  Regrettably, there is insufficient evidence in which to base award of the Purple Heart in this case.

2.  There is also no evidence of record and the applicant did not provide any evidence which shows he was advanced to SP4/E-4 prior to 20 June 1969.
Therefore, there is no basis for granting this portion of the applicant's requested relief.

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)                                         AR20090014638



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ABCMR Record of Proceedings (cont)                                         AR20090014638



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