IN THE CASE OF:	 

		BOARD DATE:	  08 June 2010

		DOCKET NUMBER:  AR20090020646 


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 and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he would like to be awarded the Purple Heart for injuries he received in Vietnam.  When he separated from active duty he did not receive the Purple Heart nor was it issued to him while on active duty in Vietnam.

3.  The applicant provides no additional documentation 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.  His military records show he enlisted in the Regular Army in pay grade E-1 on 14 April 1967, for 3 years.  He completed training and he was assigned military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 20 September 1967 to 18 September 1968.

3.  He was honorably released from active duty in pay grade E-4 on 20 April 1970 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, two overseas service bars, Combat Infantryman Badge, Air Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960).

5.  There is no entry in Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) showing he was wounded in action as a result of hostile enemy action.  Item 41 (Awards and Decorations) of his DA Form 20 contains no entry showing he was awarded the Purple Heart.

6.  There is no evidence in his records showing he was wounded or injured during his service in Vietnam.  There are no orders in his military personnel records awarding him the Purple Heart.

7.  The applicant's name is not shown on the Vietnam Casualty Roster.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 claim of entitlement to the Purple Heart was carefully considered.  However, by regulation, in order to support award of the Purple Heart, there must be evidence confirming the wound for which the award is being made was received as a direct result of or was caused by enemy action, 
the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record.

2.  He provided no evidence to show he was wounded or injured as a result of hostile action during his period of service in Vietnam.  The evidence of record contains no orders or other documents confirming he was wounded or injured as a result of his participation in direct or indirect combat operations while serving in Vietnam.  His name does not appear on the Vietnam Casualty Roster.  There were no entries made on his service personnel records to show he was wounded or injured as a result of hostile action.

3.  Absent corroborating evidence confirming his contention (chain of command supporting letters, witness statements, etc.), the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.

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.  Based on the evidence in this case, the applicant is not entitled to award of the Purple Heart and its addition to his DD Form 214.

5.  In view of 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)                                         AR20090020646



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ABCMR Record of Proceedings (cont)                                         AR20090020646



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