IN THE CASE OF:	  

		BOARD DATE:	  29 June 2010

		DOCKET NUMBER:  AR20090021848 


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.

2.  The applicant states he was wounded in Long Binh, Vietnam, by mortar fire in mid-January 1968.  He says he was so close to his discharge that he didn't go to the Army hospital for medical treatment.  The applicant states he and another Soldier who was injured at the same time self-medicated themselves.

3.  The applicant did not provide any supporting evidence with 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.   The applicant was inducted into the Army of the United States on 17 June 1966.  He completed basic and advanced individual training and was awarded the military occupational specialty 63B (Wheeled Vehicle Mechanic).

3.  A review of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 2 March 1967 to 19 March 1968.

4.  Item 40 (Wounds) of the applicant's DA Form 20 does not contain an entry to show the applicant received a wound in combat.

5.  On 20 March 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his statutory military service obligation.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 1 year, 9 months, and 4 days of active service with 1 year and 17 days of foreign service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he received the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.

7.  The applicant's name is not listed on the Vietnam casualty roster as being injured during combat operations.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 awarding the applicant the Purple Heart.

9.  References:

	a.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to any member who, while serving under competent authority in any capacity with one of the Army Services, has been wounded or killed or who has died or may hereafter die after being wounded:

		(1)  in any action against an enemy of the United States,

		(2)  in any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged,

		(3)  while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party,

		(4)  as a result of an act of any such enemy of opposing armed forces, or

		(5)  as a result of an act of any hostile foreign force.

		(6)  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

	b.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, provided that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that were received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

	c.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity deciding cases on the evidence of record.  It is not an investigative body.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name is not listed on the Vietnam casualty roster.  He acknowledged that he did not seek medical treatment.  Therefore, there is insufficient evidence upon which to base award of the Purple Heart.

2.  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.  The applicant has failed to submit evidence that sufficiently shows his injury was the result of enemy action.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that 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.



      ____________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)                                         AR20090021848



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ABCMR Record of Proceedings (cont)                                         AR20090021848



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