IN THE CASE OF:	  

		BOARD DATE:	  10 November 2010

		DOCKET NUMBER:  AR20100010548 


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 awarded the Purple Heart in the field, but no orders were issued to him.  He states he was injured in the forearm on 17 September 1967.  He states he has been diagnosed with post-traumatic stress disorder and prostate cancer from exposure to Agent Orange.

3.  The applicant does not provide any supporting documentation with 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) o 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 on 8 November 1965 for a 3-year period.  He completed his initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Records show he served in the Republic of Vietnam from on or about 15 September 1966 to 8 January 1967 with Company B, 1st Battalion, 8th Infantry, 4th Infantry Division.  While still stationed in the Republic of Vietnam, he was honorably discharged from active duty on 7 January 1967 for the purpose of immediate reenlistment in the Regular Army.  He was issued a DD Form 214 (Armed Forces of the United States Report of Transfer and Discharge) upon discharge that shows he completed 1 year and 2 months of active service with 3 months and 23 days of foreign service with U.S. Army Pacific Command.

4.  The DD Form 214 for the period ending 7 January 1967 shows the following pertinent entries:

   a.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show award of the Purple Heart and 

   b.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) shows the entry "None."

5.  He reenlisted for Army Enlisted Career Group 76 (Supply) on 7 January 1967 and was reassigned to the 561st Quartermaster Detachment from 9 January 1967 to 11 December 1967 where he continued his foreign service as a supply clerk in the Republic of Vietnam.

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show an entry for wounds received from hostile action.

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

8.  The applicant was honorably discharged on 29 April 1969 for the purpose of immediate reenlistment.  He was issued a second DD Form 214 that shows he completed 2 years, 3 months, and 24 days of net service this period with 4 months and 21 days of foreign service with U.S. Army Europe (USAREUR).  His service in the Republic of Vietnam is not recorded on this DD Form 214.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 with a discharge date of 29 April 1969 does not show award of the Purple Heart.

10.  On 30 April 1969, he reenlisted for a 6-year period of service.

11.  Prior to completing his 6-year period of service, he was discharged on 14 March 1972.  Item 24 of his DD Form 214 for the period ending 14 March 1972 does not show award of the Purple Heart.

12.  The applicant's name is not listed on the Vietnam casualty roster as being injured during combat operations.  His military medical records are not available for the Board's review.

13.  A 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.

14.  Army Regulation 672-5-1 (Military Awards), then in effect, provided that the Purple Heart was 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 was wounded, killed, or who died as a result of a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify 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.  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 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:

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)                                         AR20100010548



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ABCMR Record of Proceedings (cont)                                         AR20100010548



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