BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100010380 


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 that he shed blood for his country and after proudly serving it would be an honor to be awarded the Purple Heart.

3.  The applicant provides the following documentary evidence in support of his application:

	a.  a Bronze Star Medal certificate, dated 7 March 1971;

	b.  a certificate of appreciation from the Office of the President of the United States showing he served from 1 October 1969 to 23 April 1972;

	c.  a certificate of appreciation from the Chief of Staff of the Army, dated 23 April 1972;

	d.  a Vietnam Combat Veteran certificate from the 1st Cavalry Division; and

	e.  a copy of a photograph showing a cache of weapons.

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 enlisted in the Regular Army for a 3-year period on 1 October 1969.  He completed his initial entry training and was awarded military occupational specialty 94B (Cook).

3.  The applicant served in the Republic of Vietnam from 14 May 1970 to 8 May 1971 with Headquarters and Headquarters Company, 13th Signal Battalion, 1st Cavalry Division (Air Mobile).

4.  Item 40 (Wounds) of the applicant's DA Form 20 does not show an entry for wounds received in hostile action.

5.  The applicant's service personnel records do not contain general orders awarding him the Purple Heart.

6.  The applicant was honorably released from active duty on 23 April 1972 and transferred to the U.S. Army Reserve Control Group (Annual Training).  The DD Form 214 issued to him shows he competed 2 years, 6 months, and 23 days of active Federal service with 1 year, 10 months, and 13 days of foreign service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he has these awards:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Army Commendation Medal with one oak leaf cluster
* Republic of Vietnam Campaign Medal with Device (1960)
* Overseas Service Bars (2)
* Bronze Star Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

8.  The applicant's name is not listed on the Vietnam casualty roster as being injured during combat operations.  His military medical records are devoid of documentation showing he was wounded and that he received medical treatment from military personnel for any wounds incurred during combat operations.

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 him the Purple Heart.

10.  Army Regulation 672-5-1 (Military Awards), then in effect, provided that the Purple Heart is awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services has been wounded, killed, or who has died as a result of 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 a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1. The applicant contends he was wounded while serving in the Republic of Vietnam.  However, his record is devoid of documentary evidence to support his contention.  In addition, the applicant's name does not appear on the Vietnam Casualty Roster as being wounded in action.  Therefore, in the absence of military and medical records showing that the applicant was wounded and treated for wounds resulting from hostile action, 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, specifically documented medical evidence from military medical personnel of the Armed Forces who provided medical treatment to the applicant.
 
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)                                         AR20100010380





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ABCMR Record of Proceedings (cont)                                         AR20100010380



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