BOARD DATE:	  4 May 2010

		DOCKET NUMBER:  AR20090019277 


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 records to show award of the Purple Heart (PH).

2.  The applicant states the PH was not placed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He contends that the award was shown at the National Personnel Records Center (NPRC) and his Congressman helped him get the verification.

3.  The applicant provides a DD Form 214 and letters from a Member of Congress and the NPRC in support of this 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's record shows he enlisted in the Regular Army on 28 May 1968.  He was trained in and awarded military occupational specialty (MOS) 67A (Helicopter Mechanic) and specialist five/E-5 is the highest rank he attained while serving on active duty.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 24 April 1969 through 23 April 1970.  Item 40 (Wounds) is blank and the PH is not included in the list of earned awards in item 41 (Awards and Decorations).

4.  The applicant’s Official Military Personnel File (OMPF) is void of orders or other documents that indicate he was recommended for or awarded the PH while serving in the RVN.  It is also void of any medical treatment records that show he was treated for a combat-related wound or injury while serving in the RVN.

5.  On 8 March 1971, the applicant was honorably released from active duty (REFRAD) after completing 2 year, 9 months, and 11 days of active military service.  His DD Form 214 shows he earned:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* 2 Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The applicant's name was not included on this list of RVN casualties.  

7.  The applicant provides letters from a Representative in Congress and the NPRC showing the NPRC authorized shipment of the PH to the applicant on 
27 August 2009. The letters provide no information regarding what documents or records were used to verify the applicant's eligibility for the PH.  


8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-8 contains guidance on award of the PH.  It states it is authorized to members wounded in action.  It further stipulates in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of the medical treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the PH should be added to his DD Form 214 because he was provided a medal set by the NPRC through a Member of Congress has been carefully considered.  However, the evidence is not sufficient to support this claim. 

2.  In accordance with the regulation to be authorized the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound must have required treatment by medical personnel and the medical treatment must have been made a matter of official record.  

2.  In this case, there are no orders or documents in the record showing the applicant was ever recommended for or awarded the PH by proper authority while serving on active duty.  Further, the available record is void of medical treatment records that show he was treated for a combat related wound while serving in the RVN.  Item 40 of his DA Form 20 is blank and the PH is not included in the list of awards contained in item 41, which indicates he was never wounded in action.  Additionally, his name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties.  

3.  Given the Member of Congress and NPRC letters provided by the applicant give no information regarding what documents or records supported the shipment of the PH medal set to the applicant, absent any evidence of record showing the applicant was wounded in action while serving in the RVN, these letters are not sufficient to satisfy the regulatory burden of proof necessary to support award of the PH.  Therefore, it would not be appropriate to record the PH on his DD Form 214 at this time.  


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 this requirement.

5.  The applicant and all others concerned should know this action related to adding the PH to his DD Form 214 in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20090019277



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ABCMR Record of Proceedings (cont)                                         AR20090019277



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