IN THE CASE OF:	  

		BOARD DATE:	  20 May 2010

		DOCKET NUMBER:  AR20090019888 


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.

2.  The applicant states that he received a Purple Heart for wounds received on the first night of the Tet Offensive in 1968.  He was serving with the 12th Combat Aviation Division and he received wounds from shrapnel.  A couple of months later, he was issued a Purple Heart along with two other Soldiers.  He also states that he is applying for compensation for post traumatic stress disorder syndrome. While serving in Vietnam, he accidently killed a sergeant in his unit.  He has been having nightmares about this and other events that happened in Vietnam for years.

3.  The applicant did not provide any additional documentary evidence 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 on 13 July 1967 and he held military occupational specialty 76Y (Supply Specialist).

3.  His records further show he served in the Republic of Vietnam from on or about 16 January 1968 to on or about 11 February 1969.  He was assigned to Headquarters and Headquarters Company, 12th Combat Aviation Group.

4.  He was honorably released from active duty on 11 February 1969 and he was transferred to the U.S. Army Reserve (USAR) 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, Army Good Conduct Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Vietnam Service Medal.  Item 24 does not show award of the Purple Heart.

6.  Item 40 (Wounds) of his DA Forms 20 (Enlisted Qualification Record) does not show any entry and item 41 (Awards and Decorations) of this form does not show award of the Purple Heart.

7.  His records do not contain official orders awarding him the Purple Heart.  Additionally, his name is not shown on the Vietnam Casualty Listing and his medical records are not available for review with this case.

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against and 

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’s record is void of any orders that show he was awarded the Purple Heart.  His name is not shown on the Vietnam Casualty Listing, his DA Form 20 does not indicate any combat wounds, and his medical records are not available for review with this case.

2.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

3.  Notwithstanding the applicant’s sincerity, in the absence of official orders awarding him the Purple Heart or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to list the Purple Heart on his DD Form 214.

4.  Based on the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20090019888



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ABCMR Record of Proceedings (cont)                                         AR20090019888



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