IN THE CASE OF:	  

		BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20100007426 


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 injured in the Republic of Vietnam in November 1969 as a result of hostile action.  He was treated and released back to his unit.  He did not receive the Purple Heart for his wounds.

3.  The applicant provides the following supporting documents:

   a.  a copy of a medical treatment form, dated 5 November 1969; and
   
   b.  copies of pages 2, 3 and 4 of his 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 was inducted into the Army of the United States on 16 April 1968.  He completed his initial entry training and was awarded military occupational specialty 36K (Field Wireman).

3.  The applicant served in the Republic of Vietnam from 3 September 1968 to 18 November 1969.

4.  On 26 November 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve to complete his military statutory service obligation.  Upon discharge, he received a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) showing he completed 1 year, 7 months, and 11 days of active service which included 1 year, 2 months and 24 days of foreign service.  

5.  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 with Device (1960).

6.  The applicant's name is not listed on the Vietnam Casualty Roster as being injured during combat operations.

7.  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.

8.  The applicant's official military medical records are not available for the Board's review. 

9.  As evidence to support his application, the applicant provided a page from a medical record showing a service member received treatment at a battalion aid station on 5 November 1969 for a laceration wound to a right finger during hostile action.  This form shows the wound was cleansed and bandaged.  The applicant's name and Social Security Number (SSN) are penned onto the bottom of this form.  In addition, he provided pages 2, 3 and 4 of his Enlisted Qualification Record.  Item 40 (Wounds) does not contain an entry. 


10.  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.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

	c.  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.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was wounded by hostile action in November 1969 while serving in the Republic of Vietnam. 

2.  The applicant's name is not listed on the Vietnam casualty roster and there was no Purple Heart award order published and filed in the Awards and Decorations Computer-Assisted Retrieval System or his available service records.  

3.  The applicant provided one page of a medical record that shows an individual received a laceration to the right finger on 5 November 1969.  However, this information is considered inconclusive because it does not show where the individual was treated, who treated him or what type of treatment he received. 

4.  Additionally, his name is not listed on the Vietnam Casualty Roster and there are not orders available from his parent unit announcing award of the Purple Heart.  Therefore, the evidence is insufficient upon which to base award of the Purple Heart. 

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)                                         AR20100007426



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)