IN THE CASE OF:	  

		BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100008706 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states he was awarded the Purple Heart for being wounded in Vietnam, but it is not shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

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 records show he enlisted in the Regular Army on 7 August 1969 and held military occupational specialty 62G (Quarry Machine Operator).

3.  His records show he served in Thailand from on or about 5 February 1970 to on or about 28 September 1970.  He also served in the Republic of Vietnam from on or about 11 October 1970 to on or about 25 May 1971.  He was assigned to the 630th Engineer Company, 45th Engineer Group.

4.  He was honorably released from active duty on 21 September 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his military service obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, one overseas service bar, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Campaign Medal with Device (1960).

6.  Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he departed Vietnam on 25 May 1971 in a patient status en route to the Military Holding Company, Martin Army Hospital, Fort Benning, GA.  However, item 40 (Wounds) of this form is blank and item 41 (Awards and Decorations) does not list award of the Purple Heart. 

7.  There are no official orders in his records that show he was awarded the Purple Heart, his name is not shown on the Vietnam casualty roster, and his medical records are not available for review with this case

8.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart orders on file for him.

9.  His records contain a Joint Message form, dated 21 May 1971, authorizing him to travel from Yokota Air Force Base, Japan, to Martin Army Hospital, Fort Benning, GA, for hospitalization.

10.  His records show he underwent a medical examination at Fort Benning, GA, on 2 September 1971.  The following is noted:

	a.  He completed a Standard Form 93 (Report of Medical History) wherein he indicated he suffered a gunshot wound on 26 March 1971 in Vietnam and received treatment in the form of abdominal surgery.

	b.  The military doctor completed a Standard Form 88 (Report of Medical History) and indicated the applicant had identifying body marks in the form of multiple scars, multiple abdominal wounds, and a left flank wound, but he was otherwise qualified for separation.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 contends his DD Form 214 should be corrected to show award of the Purple Heart.

2.  There is no evidence in his records and he did not submit any substantiating evidence in the form of official orders that show he was awarded the Purple Heart.

3.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

4.  None of the available medical documents indicate a combat wound.  The entry on his Standard Form 88 that he had identifying body marks in the form of multiple scars, multiple abdominal wounds, and a left flank wound, is noted.  However, it is unclear if such identifying marks or wounds were caused by enemy action.  The entry on his DA Form 20 that shows he was in a patient status is also noted.  However, it is unclear if he suffered an illness, friendly injury, or combat injury.

5.  Regrettably, in the absence of orders awarding him the Purple Heart or other evidence to show the injuries he received were the result of enemy action, there is an insufficient basis on which to add the Purple Heart to the applicant's         DD Form 214.


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)                                         AR20100008706



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ABCMR Record of Proceedings (cont)                                         AR20100008706



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