IN THE CASE OF:	  

		BOARD DATE:	  4 November 2010

		DOCKET NUMBER:  AR20100012275 


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, in effect, award of the Purple Heart to complete his ribbons for his service to his country.

2.  He states he was wounded when his unit came under attack while serving in the Republic of Vietnam.  He states he was medically evacuated and spent 6 days in the 121st Hospital located in the vicinity of Long Binh.

3.  He refers to a Department of Veterans Affairs case number as evidence for consideration, but he does provide any additional documentary evidence 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.  His record shows he enlisted in the Regular Army on 6 August 1968.  He completed the training requirements and he was awarded military occupational specialty (MOS) 51B (Carpenter).  At a later date, he reclassified into MOS 95B (Military Policeman).  The highest rank/pay grade he attained while serving on active duty was sergeant/E-5.  He served through a series of enlistments/
reenlistments in the Active and Reserve Components which ultimately culminated in his honorable discharge from the Ohio Army National Guard on 1 July 1978.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) and item 27 (Remarks) of his DD Form 214 (Report of Separation from Active Duty) for the period ending 3 March 1975 show he served in the Republic of Vietnam from 31 May 1970 through 29 March 1971 and from 21 September 1971 through 27 August 1972.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tours of duty in the Republic of Vietnam, he was assigned to the following units for the periods indicated:

* 4 June 1970 through 16 August 1970, Headquarters and Headquarters Company, 35th Engineer Group (Construction), in duty MOS 51B as a carpenter
* 17 August 1970 through 29 March 1971, Company B, 589th Engineer Battalion (Construction), in duty MOS 51B as a carpenter
* 25 September 1971 through 29 February 1972, 544th Engineer Company (Combat Support), in duty MOS 64C (Motor Transport Operator) as a motor transport operator
* 1 March 1972 through 25 August 1972, Engineer Region, Military Region 4 (Provisional), in duty MOS 51B as a carpenter

5.  Item 38 of his DA Form 20 does not show he was assigned in a patient status at a medical treatment facility at any time during his period of service.

6.  Item 40 (Wounds) of his DA Form 20 is blank.

7.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.

8.  There is no evidence in the available record showing he was awarded the Purple Heart.

9.  There is no evidence in the available record and he has not provided any evidence showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.  Additionally, his name does not appear on the Vietnam casualty roster.

10.  A 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 for the Purple Heart pertaining to the applicant.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for 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 been treated 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 he should be awarded the Purple Heart was carefully considered.

2.  His name does not appear on the Vietnam casualty roster.

3.  There is no evidence in the available record and the applicant has not provided sufficient evidence which shows he sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action.  Accordingly, based on the foregoing there is insufficient evidence to award him the Purple Heart.  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.

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)                                         AR20100012275



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100012275



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1