IN THE CASE OF:	  

		BOARD DATE:	    6 May 2010

		DOCKET NUMBER:  AR20090019320 


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 he should be awarded the PH for a chest wound he received while serving in the Republic of Vietnam (RVN).

3.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a Standard Form (SF) 600 (Chronological Record of Medical Care) 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 29 March 1966.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 27 February 1968 through 18 September 1969.  Item 40 (Wounds) is blank and the PH is not included in the list of 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 ever 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 20 September 1969, the applicant was honorably released from active duty after completing 3 years, 5 months, and 22 days of active military service.  The PH is not included in the list of awards contained in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* Bronze Star Medal
* Combat Infantryman Badge
* Air Medal.

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's SF 600 shows he was treated for a small fragment wound to the right leg on 25 October 1968.  The treatment record does not specify the circumstances surrounding his injury or indicate the source of the wound (combat or non-combat related). 


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 he should be awarded the PH for a chest wound he received while serving in the RVN has been carefully considered.  However, the evidence is not sufficient to support this claim.

2.  By regulation, 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, the wound must have required treatment by medical personnel, and a record of the medical treatment must have been made a matter of official record. 

3.  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.  

4.  Further, item 40 of his DA Form 20 does not show he was wounded in action and the PH is not included in the list of awards in item 41.  In addition, his record is void of any medical treatment records that show he was ever treated for a combat-related wound while serving in the RVN.  

5.  Finally, his name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties.  

6.  Given the SF 600 provided by the applicant provides no information regarding the circumstances surrounding his injury, absent any evidence of record showing the applicant was wounded in action while serving in the RVN, this document is not sufficient to satisfy the regulatory burden of proof necessary to support award of the PH.  

7.  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.

8.  The applicant and all others concerned should know this action related to award of the PH 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)                                         AR20090019320



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ABCMR Record of Proceedings (cont)                                         AR20090019320



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