IN THE CASE OF:	 

		BOARD DATE:	  13 April 2010

		DOCKET NUMBER:  AR20090015804 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.  He is also asking for a copy of the citation for his Bronze Star Medal.

2.  The applicant states that he was wounded in combat while serving in the Republic of Vietnam.  He received the Purple Heart while in the hospital, but never received the paperwork.  It was never entered on his DD Form 214.  He further states that his wounds became infected and was in the hospital for 3 months.

3.  The applicant provides, in support of his application, copies of his DD Form 214 and a letter from the Department of the Veterans Affairs (VA) summarizing his current benefits.

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 27 August 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  On 18 March 1969, the applicant departed Fort Polk, Louisiana, for duty in the Republic of Vietnam.

4.  On 7 May 1969, the applicant was assigned as a rifleman with Company D, 2nd Battalion, 8th Cavalry Regiment.  On 19 August 1969 he was reassigned within the battalion to Company E as an automatic rifleman.

5.  General Orders Number 16082, Headquarters, 1st Cavalry Division (Airmobile), dated 16 December 1969, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations during the period from April to December 1969.  There is no additional citation in the available records.

6.  On 26 April 1970, the applicant returned to the United States.

7.  On 29 April 1970, the applicant was released from active duty.  He had attained the rank of specialist four/pay grade E-4 and had completed 1 year and 7 months of creditable active duty.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Air Medal, Bronze Star Medal, and Army Commendation Medal.  It does not show award of the Purple Heart.

9.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart.   ADCARS is 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.

10.  The applicant's name is not listed on the Vietnam casualty roster.

11.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show any period of hospitalization.  Item 40 (Wounds) of this same form is blank.  Item 41 (Awards and Decorations) of this same form does not show award of the Purple Heart.

12.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States.  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.

13.  The VA letter provided by the applicant makes no mention of any combat injuries that he may have sustained while serving in the Republic of Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.  He is also asking for a copy of the citation for his Bronze Star Medal.

2.  There are no available general orders awarding the applicant the Purple Heart.  The Vietnam casualty roster does not contain the applicant's name.  The applicant's DA Form 20 does not indicate he received any wounds while in action or that he was hospitalized for any period of time.  The applicant has not provided substantiating evidence to support his contention that he was wounded as a result of enemy action.

3.  The evidence of record shows that the applicant was awarded the Bronze Star Medal for meritorious service during a portion of his service in the Republic of Vietnam.  However, it appears there was no separate citation provided with this award.

4.  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.

5.  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)                                         AR20090015804



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090015804



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1