IN THE CASE OF:	  

		BOARD DATE:	  7 October 2010

		DOCKET NUMBER:  AR20100010664 


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 Purple Heart Certificate to accurately reflect his service number at the time of the award.

2.  The applicant states the Purple Heart Certificate he was issued incorrectly lists his service number as US56XXXXXXX and should read US67XXXXXX.

3.  The applicant provides a copy of a Purple Heart Certificate.

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 was inducted into the Army of the United States on 1 March 1968 under service number US67XXXXXX as shown on his DD Form 47 (Record of Induction).  He completed basic combat and advanced individual training and was awarded military occupational specialty 11C (infantry indirect fire crewman).  He served through multiple extensions or reenlistments and attained the rank/grade of sergeant first class/E-7.

3.  His records show he served in Vietnam from 1 August 1968 to 1 August 1969 while assigned to Headquarters, 1st Infantry Brigade, 5th Infantry Division.

4.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows the entry "Hit with log when copter landed, injured legs, December 1968."  However, it is unclear if this injury was a result of enemy action or merely an accident. 

5.  Among other awards, item 41 (Awards and Decorations) of his DA Form 20 shows "Purple Heart" and lists the authority as Army Regulation 672-5-1 instead of the general orders number and the Headquarters that awarded the Purple Heart. 

6.  There are no general orders in the applicant's records that show he was awarded the Purple Heart.

7.  The applicant's name is not shown on the Vietnam casualty roster.

8.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), 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 the applicant.  

9.  On 30 September 1989, he was honorably retired and he was placed on the Retired List in his retired rank/grade of sergeant first class/E-7 on 1 October 1989.  His records show he completed 20 years, 1 month, and 20 days of creditable active service.

10.  His records show he was issued the following discharge and/or separation documents:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 1 March 1968 through 1 March 1970 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), two overseas service bars, Vietnam Campaign Medal, Vietnam Service Medal, Army Commendation Medal, Combat Infantryman badge, and Bronze Star Medal. 

	b.  DD Form 214 for the period 12 May 1971 through 8 April 1974 shows in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Bronze Star Medal, Army Commendation Medal, Combat Infantryman Badge, Purple Heart, Armed Forces Expeditionary Medal, Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), two overseas service bars, and one service stripe.

	c.  DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 9 April 1974 through 30 June 1989, shows in item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Bronze Star Medal, Meritorious Service Medal, Army Commendation Medal, Good Conduct Medal (with silver loop), National Defense Service Medal, Armed Forces Expeditionary Medal (Korea), Vietnam Service Medal with 4 bronze service stars, Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Service Ribbon, Overseas service Ribbon, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, Driver and Mechanic Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

11.  He provides a copy of a certificate that shows he was awarded the Purple Heart for wounds received in action on 3 December 1968 in the Republic of Vietnam.  It shows his name and lists his service number as US56XXXXXXX.  However, the certificate does not list the approval authority's name, grade and position.  

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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's contention that his Purple Heart Certificate should be corrected to accurately reflect his correct service number was carefully considered but there is insufficient evidence to support this request.
2.  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.

3.  His record is void of any orders that show he was awarded the Purple Heart, his name is not shown on the Vietnam casualty roster, and item 40 of his DA Form 20 does not indicate a clear enemy-related reportable wound.  Additionally, item 41 of his DA Form 20 lacks the appropriate headquarters and general orders for the issuance of the Purple Heart.  Furthermore, although the Purple Heart is listed on his second DD Form 214, it is not listed on his final 
DD Form 214.  Finally, the certificate he submitted lacks the appropriate approval authority's name, grade, or position.

4.  Notwithstanding his sincerity, in the absence of official orders awarding him the Purple Heart or additional corroborating evidence that conclusively shows he was wounded or injured as a result of hostile action, there is insufficient evidence upon which to indicate he was awarded the Purple Heart in this case or correct the service number on the certificate he submitted.

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)                                         AR20100010664



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ABCMR Record of Proceedings (cont)                                         AR20100010664



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