IN THE CASE OF:	

		BOARD DATE:	  20 May 2010

		DOCKET NUMBER:  AR20090019991 


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 the Purple Heart does not appear on his DD Form 214.

3.  The applicant provides a copy of a Standard Form 180 (Request Pertaining to Military Records), dated 2 November 2009, and a copy of a letter from the National Personnel Records Center, St. Louis, MO, dated 16 November 2009, 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 enlisted in the Regular Army (RA) for a period of 3 years on 31 December 1959 and held military occupational specialty (MOS) 140.00 (Cannoneer).  He was honorably discharged on 8 July 1962 for the purpose of immediate reenlistment.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 8 July 1962 shows the Parachutist Badge.

4.  His records also show he executed a 6-year reenlistment in the RA on 9 July 1962, held MOS 13B (Field Artillery Crewman), and attained the rank/grade of staff sergeant/E-6.

5.  His records further show he served in the Republic of Vietnam from on or about 4 October 1965 through on or about 3 April 1967.  He was assigned to Battery B, 2nd Battalion, 32nd Artillery.

6.  He was honorably discharged from active duty on 8 July 1968.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 8 July 1968 shows the National Defense Service Medal, Army Good Conduct Medal (2nd Award), Expert Marksmanship Qualification Badge with Rifle Bar, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with one bronze service star, and three overseas service bars.

8.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank and item 41 (Awards and Decorations) of this form does not show award of the Purple Heart.

9.  His records do not contain general orders which authorized him award of the Purple Heart.

10.  His name is not shown on the Vietnam casualty roster.

11.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart orders on file for him.

12.  His available medical records, including his separation physical, dated 18 June 1968, do not show he suffered an injury or a wound caused by enemy action or that he was treated for any combat injuries or wounds.  Additionally, his records show when he underwent a separation physical on 18 June 1968, he indicated that he was in good health.

13.  Army Regulation 600-8-22 (Military Awards) provides 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 military medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Purple Heart.

2.  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 roster, his DA Form 20 does not indicate any combat wounds, and his available medical records do not indicate he was wounded or injured as a result of hostile action.

3.  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.

4.  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.

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)                                         AR20090019991



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ABCMR Record of Proceedings (cont)                                         AR20090019991



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