IN THE CASE OF:	  

		BOARD DATE:	  18 March 2010

		DOCKET NUMBER:  AR20090015021 


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 on 26 April 1969 but never received the Purple Heart due to a misunderstanding.

3.  The applicant provides a copy of a certificate, dated 7 May 1969, showing award of the Army Commendation Medal with "V" Device; a copy of a letter, dated 14 September 1969, from him to his father; and a copy of his Standard Form 600 (Chronological Record of Medical Care), dated 26 April 1969, 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 29 August 1968.  He held military occupational specialty 91B (Medical Corpsman).

3.  His records also show he served in the Republic of Vietnam from on or about 9 March 1969 to on or about 2 April 1970 with Company D, 2nd Battalion, 47th Infantry Regiment.

4.  On 2 April 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, and Bronze Star Medal.  Item 24 does not show award of the Purple Heart.

6.  Nothing in four typical sources shows he was awarded the Purple Heart:

	a.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.

	b.  His name is not shown on the Vietnam casualty roster.

	c.  There are no general orders in his records that show he was awarded the Purple Heart.

	d.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 for the Purple Heart or the Bronze Star Medal.

7.  He submitted the following documents:

	a.  A copy of a certificate, dated 7 May 1969, awarding him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 26 April 1969.  However, the citation does not address any injuries or wounds caused by the enemy.

	b.  A copy of a Standard Form 600, dated 26 April 1969, that shows he suffered a fragment wound in the right elbow and numbness in the lower right arm.  The wound was dressed and wrapped and he was given treatment for a pinched nerve and was restricted from field duty for 2 days.  The form listed the 9th Medical Battalion at Tan An as the treatment facility.  However, this form neither indicates the cause of this injury nor was it authenticated by a medical official.

	c.  A copy of a letter, dated 14 September 1969, from him to his father wherein he wrote, "I may leave Vietnam with two Bronze Stars and three Army Commendations Medals the way the captain talked.  He said I should get one for each achievement plus I can get my Purple Heart if I have them check my medical records when I leave country."

8.  Army Regulation 600-8-22 (Military Awards) states 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:

1.  The applicant contends he should be awarded the Purple Heart.

2.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather he or she is entitled to it upon meeting specific criteria.  A "wound" is defined as an injury to any part of the body from an outside force or agent sustained under conditions caused by hostile action.  When contemplating an award of this decoration, the key issue is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

3.  The applicant's name is not shown on the Vietnam casualty roster, his DA Form 20 does not indicate any combat wounds, his record is void of any orders that show he was awarded the Purple Heart, and his available medical records do not conclusively show the fragment wound resulted of from hostile action.

4.  Regrettably, absent evidence which conclusively shows that 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 applicant the Purple Heart 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)                                         AR20090015021



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ABCMR Record of Proceedings (cont)                                         AR20090015021



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