IN THE CASE OF:	  

		BOARD DATE:	  21 October 2010

		DOCKET NUMBER:  AR20100012166 


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 did not receive the Purple Heart for his combat related injuries.

3.  The applicant provides a letter from a dentist, dated 9 February 2010, in support of 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) 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 30 September 1955.  He completed his initial entry training and was awarded military occupational specialty 673.20 (Single Rotor Helicopter Repairman).  He continuously served on active duty reenlisting on 30 March 1959 for a second 
3-year period and on 25 March 1962 for a 6-year period.

3.  The applicant served in the Republic of Vietnam from 6 July 1966 to 6 July 1967 with the 545th Transportation Detachment, 52nd Aviation Battalion, 4th Infantry Division.  

4.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) 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 awarded the Bronze Star Medal by General Orders 2593 issued by the 4th Infantry Division on 18 August 1967 for meritorious service.

7.  The applicant was honorably discharged on 8 March 1968.  The DD Form 214 issued to him confirms he competed a total of 12 years, 5 months, and 9 days of active Federal service with 4 years, 1 month, and 8 days of foreign service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 with a separation date of 8 March 1968 shows he received the following awards:

* Republic of Vietnam Campaign Medal with Device (1960)
* Mechanical Badge with Bar
* Senior Aircraft Crewman Badge
* Vietnam Service Medal
* Good Conduct Medal 
* National Defense Service Medal
* Air Medal

9.  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 medical personnel for wounds incurred during combat operations.

10.  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.

11.  As documentary evidence supporting his application, the applicant submitted a letter from a dentist that states "(the applicant) SUFFERED A GUNSHOT WOUND TO THE FACE WHICH DAMAGED HIS LOWER JAW AND CAUSED HIM TO LOOSE [sic] ALL HIS LOWER TEETH . . . AS THE DENTAL SPECIALIST WHO IS CURRENTLY RESTORING THIS DEFECT, I CAN ATTEST TO THE EXTENT OF HIS INJURY." 

12.  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 and should be awarded the Purple Heart.

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 devoid of documentary evidence to support his contention.  In addition, his DA Form 20 does not show a combat wound, his name does not appear on the Vietnam casualty roster as being wounded in action and his medical records are devoid of documentation showing he was wounded and/or that he received medical treatment from military medical personnel for wounds incurred during combat operations.  

4.  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.



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)                                         AR20100012166



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ABCMR Record of Proceedings (cont)                                         AR20100012166



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