IN THE CASE OF:	  

		BOARD DATE:	  21 October 2010

		DOCKET NUMBER:  AR20100012571 


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 for wounds received during military service.

2.  The applicant states he received wounds during his military service and should have received a Purple Heart.  He recently received a copy of his DA Form 20 (Enlisted Qualification Record) and discovered the Purple Heart is not listed under his awards.  He thought it had been issued and he just failed to pick up the actual award.

3.  The applicant provides a letter from the National Personnel Records Center (NPRC), a copy of his DA Form 20, and a medical statement.

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 record shows he enlisted in the Regular Army on 14 August 1967.  Records show he completed basic combat and advanced individual training and was awarded military occupational specialty 12B (combat engineer).  The highest rank/grade he attained while serving on active duty was sergeant (SGT)/E-5.

3.  His records show he served in the Republic of Vietnam (RVN) from              24 February 1969 to 22 February 1970 while assigned to 5th Special Forces Group, 1st Special Forces.

4.  He was honorably released from active duty on 13 August 1970 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  His records show he completed a total of        3 years of creditable active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the National Defense Service Medal, Vietnam Parachutist Badge, Air Medal, Parachutist Badge, RVN Campaign Medal with Device (1960), Army Commendation Medal, Combat Infantryman Badge, RVN Gallantry Cross with Palm Unit Citation, and the Bronze Star Medal (1st Oak Leaf Cluster).

6.  Item 40 (Wounds) of his DA Form 20 contains no entry, his name is not shown on the Vietnam casualty roster, and there are no official orders in his records that show he was awarded the Purple Heart.

7.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, 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 him.

8.  The applicant provides a copy of his DA Form 20 and a letter from the NPRC, dated 17 March 1970, wherein it lists documents from his Official Military Personnel File they were providing him. 

9.  In addition, he provides an unsigned statement, dated 13 May 1970, from a medical officer at Womack Army Hospital, Fort Bragg, NC, that states, in pertinent part, the applicant sustained an injury to his left knee in a helicopter crash in RVN in May of 1969 and he was told at the time his ligaments were damaged.

10.  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 contends he should be awarded the Purple Heart.

2.  The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify 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.
 
3.  The available evidence indicates he sustained an injury to his knee in a helicopter crash in the RVN.  However, there is no evidence in his record and he did not provide any evidence that this helicopter crash and resultant injury were caused by a hostile act on the part of the enemy.  In the absence of documentary evidence that shows he was wounded as a result of hostile action and treated for those wounds, regrettably, there is insufficient evidence upon which to base award of the Purple Heart.

4.  Nevertheless, 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)                                         AR20100012571



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ABCMR Record of Proceedings (cont)                                         AR20100012571



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