IN THE CASE OF:	  

		BOARD DATE:	  10 August 2010

		DOCKET NUMBER:  AR20100007614 


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 and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  He states his DD Form 214 does not show the Purple Heart being awarded to him due to actions during an attack on Fire Base Bastogne.  During the chaos he was in charge of the ammunition and getting it to those who needed it.  Then their mess hall exploded and he began to help with picking up the wounded and dead bodies.  Initially, when the attack happened there was an explosion on the side of the hill.  He instantly felt a burning pain in his upper left shoulder area.  But, he kept running around setting fuses and getting ammunition to the gunner.  Once things settled down the medic came to see his wound and noticed all the blood on his uniform sleeve.  The medic patched him up, dressed his wound, and handed him the piece of shrapnel that was stuck in his arm.  He was told paperwork work would be submitted for his Purple Heart award.  He has a scar to this day.

3.  He provides copies of pages 3 and 4 of his DA Form 20 (Enlisted Qualification Record), his DD Form 214, and a letter from the National Personnel Records Center.

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.  His military records show he was inducted into the Army of the United States on 17 October 1968.  He completed training and he was assigned military occupational specialty 13B (Field Artillery Crewman).  He served in Vietnam from 20 April 1969 to 6 June 1970.

3.  He was honorably released from active duty in pay grade E-4 on 6 June 1970, as an overseas returnee.  He was transferred to the U.S. Army Reserve Control Group (Annual Training).

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Purple Heart.

5.  There is no entry in Item 40 (Wounds) of his DA Form 20 showing he was wounded in action as a result of hostile enemy action.  Item 41 (Awards and Decorations) of his DA Form 20 contains no entry showing he was awarded the Purple Heart.

6.  There is no evidence in his records showing he was wounded or injured during his service in Vietnam.  There are no orders in his military personnel records awarding him the Purple Heart.

7.  His medical records are not available for review with this case.  His name is not shown on the Vietnam Casualty Roster.  

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the Purple Heart was carefully considered.  However, by regulation, in order to support award of the Purple Heart, there must be evidence confirming the wound/injury for which the award is being made was received as a direct result of or was caused by enemy action, the wound/injury was treated by medical personnel, and a record of this treatment must have been made a matter of official record.

2.  He provided no evidence to show he was wounded or injured as a result of hostile action during his period of service in Vietnam.  The evidence of record contains no orders or other documents confirming he was wounded or injured as a result of his participation in direct or indirect combat operations while serving in Vietnam.  His name does not appear on the Vietnam Casualty Roster.  There were no entries made on his service personnel records to show he was wounded or injured as a result of hostile action.

3.  Absent corroborating evidence confirming his contention, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.

4.  In view of the foregoing, there is no basis for granting the requested relief.

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)                                         AR20100007614



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20100007614