IN THE CASE OF:	  

		BOARD DATE:	  17 June 2010

		DOCKET NUMBER:  AR20090021528 


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, in effect, he should have been awarded the Purple Heart because he sustained a shrapnel wound to his chest during combat while serving in the Republic of Vietnam on or about 13 October 1970.  He speculates the Purple Heart was omitted from his records because the incident was not properly reported.  He did not notice this error until he applied for benefits from the Department of Veterans Affairs.

3.  The applicant provides:

* Standard Form 600 (Chronological Record of Medical Care)
* DA Form 20 (Enlisted Qualification Record)

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 enlisted in the Regular Army (RA) on
4 August 1966.  He completed initial entry training and was awarded military occupational specialty (MOS) 76V (Equipment Storage Specialist).  He was honorably released from active duty on 21 March 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.

3.  On 8 May 1969, the applicant reentered the RA and served until he was honorably discharged on 30 April 1975.

4.  The applicant's DA Form 20 shows he served in the Republic of Vietnam from 27 November 1967 through on or about 21 March 1969 and from 31 August 1970 through 12 August 1971.

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his second tour of duty in the Republic of Vietnam, he was initially assigned to the 490th General Support Company, for duty in MOS 76V as a Warehouse Space Supervisor.  On 21 October 1970, he was reassigned to Company E, U.S. Army Depot, Long Binh, for duty in MOS 76V as a Storage Supervisor.  On 31 October 1970, he was reassigned to Company E, U.S. Army Depot, Long Binh, for duty in MOS 76V as a Storage Supervisor.  On 7 April 1971, he was reassigned to the Security Guard Company, U.S. Army Depot, Long Binh, for duty in MOS 95B (Military Police) as a Squad Leader 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.

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

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

8.  There is no evidence in the available record showing he was awarded the Purple Heart.  Neither the applicant's DD Form 214 dated 21 March 1969 nor the DD Form 214 dated 30 April 1975 show award of the Purple Heart.

9.  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.

10.  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.

11.  The applicant provides a Standard Form 600 showing he sustained a fragmentation wound to his chest and as a result, an extremely small piece of shrapnel was removed.  This form does not contain the facts or circumstances surrounding his injury.

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.  Although the applicant provides a document showing he sustained a shrapnel wound, there is no evidence in the available record and he 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 correct his records to show award of the Purple Heart.

4.  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)                                         AR20090021528



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ABCMR Record of Proceedings (cont)                                         AR20090021528



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