BOARD DATE:	  8 July 2010

		DOCKET NUMBER:  AR20100000411 


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 (PH).  

2.  The applicant states he received shrapnel wounds while serving in the Republic of Vietnam (RVN) in 1968.  

3.  The applicant refers to medical records maintained by the Department of Veterans Affairs (VA); however, he provides no documentary evidence 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.  The record shows the applicant was inducted into the Army and entered active duty on 28 November 1966, and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 14 May 1967 through 13 May 1968.  Item 38 (Record of Assignments) shows during his tour of duty in the RVN, he served in Company C, 5th Battalion, 7th Cavalry Regiment, performing duties in MOS 11B as a rifleman and squad leader.

4.  Item 40 (Wounds) of the DA Form 20 is blank and the PH is not included in the list of awards contained in item 41 (Awards and Decorations).  

5.  The record contains no documents or orders indicating the applicant was awarded the Purple Heart by proper authority while serving on active duty.  It     is also void of any medical treatment records showing he was treated for a combat-related wound while serving in the RVN.

6.  The applicant’s record contains Headquarters, 1st Cavalry Division (Airmobile) General Order (GO) Number 3575, dated 19 May 1968.  This order shows he was awarded the Bronze Star Medal with “V” Device for heroism in the RVN on 12 February 1968.  The narrative on the order fails to indicate the applicant was wounded during this action.  

7.  On 3 September 1968, the applicant was honorably released from active duty (REFRAD), in the rank of sergeant/E-5, after completing 1 year, 9 months, and   6 days of active military service.  The DD Form 214 he was issued lists the following awards in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* RVN Campaign Medal
* VSM with 3 bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Combat Infantryman Badge

8.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The applicant's name was not included on the roster. 

9.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-8 contains guidance on the PH.  It states the PH is awarded to members wounded in action.  It also states in order to award the PH there must be evidence of the wound for which the award is being made was received as a result of enemy action; the wound required treatment by military medical personnel; and a record of the medical treatment was made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention he should be awarded the PH has been carefully considered.  However, the evidence of record fails to support this claim.

2.  By regulation, in order to support award of the PH the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action; the member must have required medical treatment by military medical personnel; and this medical treatment must have been made a matter of official record.

3.  The evidence of record fails to show the applicant was wounded in action or treated for a combat related wound while serving in the RVN.  Item 40 of his DA Form 20 is blank, and the PH is not included in the list of earned awards in item 41.  His name is not included on the Vietnam Casualty Roster, the official DA list of RVN casualties.  As a result, the regulatory burden of proof necessary to support award of the PH has not been met.  As a result, the evidence does not support award of the PH.

4.  The applicant was awarded the Bronze Star Medal with "V" Device, but this award is not listed on his DD Form 214.  It should be added.

5.  The applicant and all others concerned should know this action related to award of the PH 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.

6.  Evidence shows that the applicant’s records contain an administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.



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 related to award of the Purple Heart.  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 determined that an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by adding the Bronze Star Medal with “V” Device to his DD Form 214. 




      _______ _  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)                                         AR20100000411



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)