DOCKET NUMBER:  AR20090021418 


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 he was awarded the Purple Heart.

2.  The applicant states he should have been awarded the Purple Heart because he sustained a gunshot wound to his left eye during combat in the Republic of Vietnam (RVN).  He attributes the omission of the Purple Heart from his records to the fact that his unit was very undermanned and there was a huge increase in enemy activity at their location.  He understands his chain of command had more important issues to deal with at the time.  Now that he is older and has more time to reflect on his service, he claims he served his country honorably and would like his records to reflect that he was wounded in action and that he earned the honor of being awarded the Purple Heart.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 was inducted into the Army of the United States on 8 March 1968.  He completed initial entry training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was private first class (PFC)/E-3.  He was released from active duty on 11 March 1970 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 11 months, and 17 days of active service during this period.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 8 March 1969 through
6 March 1970.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the Republic of Vietnam, he was initially assigned to Company A, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division, for duty in MOS 11B as a Rifleman on 15 March 1969.  On 17 December 1969, he was reassigned to Company E, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division, for duty in MOS 11B as an Ammunition Bearer for the remainder of his tour in the Republic of Vietnam.  Item 38 does not show the applicant was placed into a "Patient" duty status at a medical treatment facility at any time during his period of service.

5.  Item 40 (Wounds) of the applicant's DA Form 20 is blank.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Purple Heart.

7.  The applicant's record contains a Standard Form 89 (Report of Medical History) that he completed on 11 March 1970 as part of the physical examination he underwent in conjunction with his separation.  In Item 20 (Have you ever had or have you now) of this form, he indicated that he had eye trouble.  This form is void of any further explanation of his eye trouble.  In Item 34 of this form, he indicated he had not consulted or been treated by clinics, physicians, healers, or other practitioners within the past five years.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to the applicant at the time of his separation does not show award of the Purple Heart.

9.  There is no evidence in the available record showing he was awarded the Purple Heart.

10.  There is no evidence in the available record showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.  Additionally, his name does not appear on the Republic of Vietnam Casualty Roster.

11.  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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have been treated by medical personnel, and the medical treatment must have been made a matter of official records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show he was awarded the Purple Heart was carefully considered.

2.  The applicant's record is void of any orders or other documents indicating he was awarded the Purple Heart by proper authority while serving on active duty.  Additionally, a review of the ADCARS database failed to reveal any orders for the Purple Heart pertaining to him.

3.  There is no evidence in the available record and the applicant has not provided sufficient evidence which shows he sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action.  Accordingly, based on the foregoing there is insufficient evidence to award him the Purple Heart.

4.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  He did not submit any evidence that would satisfy this requirement.  Therefore, there is no basis for granting his requested relief.

5.  This action 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)                                         AR20090021418



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ABCMR Record of Proceedings (cont)                                         AR20090021418



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