IN THE CASE OF:	  

		BOARD DATE:	  8 June 2010

		DOCKET NUMBER:  AR20090019387 


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 (PH).  

2.  The applicant states he was wounded in action in the Republic of Vietnam (RVN) on 10 March 1967; however, no PH was awarded.  

3.  The applicant provides a unit history document and third-party statement from the unit medical corpsman (medic) in support of his 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 DD Form 214 shows he enlisted in the Regular Army on 
2 June 1968 (it appears this date may have been 2 June 1965), and 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 6 June 1966 through 4 June 1967, and again from 14 February through 15 May 1968.  Item 38 (Record of Assignments) shows during his first RVN tour, he was assigned to Company B, 4th Battalion, 503rd Infantry Regiment; and during his second tour, he was assigned to Company B, 
1st Battalion, 505th Infantry Regiment.  

4.  Item 40 (Wounds) of the applicant's DA Form 20 is blank, and the PH is not included in the list of awards contained in item 41 (Awards and Decorations).  

5.  The applicant's record is void of medical treatment records showing he was wounded in action or treated for a combat-related wound while serving in the RVN.  

6.  On 3 June 1968, the applicant was honorably released from active duty, in the rank of private/E-1, after completing 2 years, 10 months, and 8 days of active military service.  He also had 55 days of lost time.  The DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure:

* Parachutist Badge
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal 
* Combat Infantryman Badge
* Bronze Star Medal with "V" (Valor) Device.  

7.  The applicant provides a third-party statement from an individual who indicates he was the unit medic for the applicant's unit in the RVN.  He states he treated the applicant for a wound to his right buttock caused by shrapnel or a bullet.  He claims the applicant did not believe the wound was significant enough for him to be medically evacuated for treatment and refused evacuation.  He also provides what appears to be a unit history document coversheet with a page identifying personnel wounded in action that includes his name, both of which are undated and unsigned.  

8.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  No entry showing the applicant was wounded in action is contained on this roster.  

9.  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 in order to support award of the PH there must be evidence that 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 this medical treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention he should be awarded the PH for being wounded in action in the RVN on 10 March 1967 has been carefully considered.  However, 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; that it required treatment by military medical personnel; and a record of this medical treatment must have been made a matter of official record.  

2.  The evidence of record fails to show the applicant was wounded in action while serving in the RVN.  Item 40 of his DA Form 20 is blank indicating he was never wounded in action.  The PH is not included in the list of awards contained in item 41 of his DA Form 20.

3.  Notwithstanding the third-party statement and unit history documents he provides, the applicant's record is void of any documents indicating he was wounded in action or that he was treated for a combat-related wound by military medical personnel while serving in the RVN.  

4.  Absent evidence of record corroborating the information contained in the documents he submits, the burden of proof necessary to support award of the PH has not been met in this case.  As a result, it would not be appropriate or in the interest of all those who served in the RVN and who faced similar circumstances to support award of the PH in this case.  

5.  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.

6.  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.  

7.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 
2 June 1968 (it appears this date may have been 2 June 1965).  The applicant may request that this date be corrected.

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)                                         AR20090019387



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090019387



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1