IN THE CASE OF:	

		BOARD DATE:	  1 April 2010

		DOCKET NUMBER:  AR20090014773 


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, in effect, he was wounded in the Republic of Vietnam (RVN) during a firefight and receives compensation for his injury from the Department of Veterans Affairs.  

3.  The applicant provides no additional documentary evidence.

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 and entered active duty on 14 August 1968.  He was trained in and received military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) he served in the RVN for the period 27 January 1969 through 13 August 1969.  Item 38 (Record of Assignments) shows on 10 February 1969 he was assigned to Company A, 4th Battalion, 39th Infantry, performing duties in MOS 11B and also shows on 19 August 1969 he was assigned to Ireland Army Hospital at Fort Knox as a patient.

4.  Item 40 (Wounds) of the applicant's DA Form 20 is blank and item 41 (Awards and Decorations) does not include the Purple Heart in the awards listed.  His record is void of orders or other documents showing he was recommended for or awarded the Purple Heart by proper authority.

5.  The applicant was awarded the Combat Infantryman Badge on 17 February 1969.

6.  The applicant was awarded the Army Commendation Medal with "V" Device for his actions on 11 March 1969.  

7.  The applicant's record contains a Report of Medical History, dated 28 July 1970, which shows that he was wounded in RVN.  His record is void of any documentation of medical treatment for this wound. 

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

9.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 
18 August 1970 after completing 2 years of active military service.  The Purple Heart is not included in the list of awards in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

10.  A VA Form 07-3101 (Request for Information) shows the Veterans Administration (VA) requested available medical records on 8 October 1970.  The endorsement section of VA Form 07-3101 shows that the Army forwarded the applicant's original health records to the VA on 7 December 1970.  Items 17 (Alleged Disease or Injury), 18 (Dates of Treatment), and 19 (Places of Treatment) show the VA was seeking information on treatment for fragment wounds to the applicant's left thigh during the following periods at the following places:

     a.  2 April 1969 to 8 April 1969, 3rd Surgical Hospital, RVN

     b.  12 April 1969 to 13 August 1969, 29th Evacuation Hospital, RVN, and Camp Zama, Japan

     c.  14 August 1969, Scott Air Force Base, Illinois

11.  The endorsement section of the VA Form 07-3101 shows that the Army forwarded the applicant's original health records to the VA on 7 December 1970.

12.  On 11 January 1996, the applicant submitted WD AGO Form 0711 (Application for Purple Heart).  His record is void of documentation indicating that action was taken on this request.

13.  On 12 January 1996, the applicant submitted a Standard Form 180 (Request Pertaining to Military Records) to the National Personnel Records Center (NPRC).  On 4 August 1999, NPRC completed a DA Form 1577 (Authorization for Issuance of Awards) and did not authorize issuance of the Purple Heart. 

14.  The Army's Awards and Decorations Computer Assisted Retrieval System (ADCARS) does not contain orders awarding the applicant the Purple Heart.

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

16.  Army Regulation 600-8-22 (Military Awards) states 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's request that his record should be corrected by awarding him the Purple Heart was carefully considered and not supported by the evidence in this case.

2.  There is no evidence in the applicant's record verifying that he required medical treatment for a wound received as a result of hostile action.  With the exception of a Report of Medical History, his service medical records are not available for review and there are no additional medical documents or other records showing he was wounded by hostile action and treated for such wounds.  His name does not appear on the Vietnam Casualty Roster.


3.  In the absence of military records which show that the applicant was wounded or treated for wounds resulting from hostile action and that medical treatment for the wound was made a matter of official record, there is insufficient evidence upon which to base award of the Purple Heart.

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)                                         AR20090014773





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ABCMR Record of Proceedings (cont)                                         AR20090014773



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