IN THE CASE OF:	  

		BOARD DATE:	  10 November 2010

		DOCKET NUMBER:  AR20100012734 


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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  He states he was wounded in March 1969 while serving in the Republic of Vietnam.  He also states he was told he would receive his awards and decorations upon returning to the continental United States at Fort Bragg, NC, but he never received a DD Form 214 showing award of the Purple Heart.

3.  He provides copies of:

* Page 2 of a document he attests was rendered by a representative of the Department of Veterans Affairs (DVA)
* An undated 2-page statement rendered by a third party

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 5 September 1967.  He completed training and he was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver).  At a later date, he reclassified into MOS 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was sergeant (SGT)/E-5.  On 4 September 1970, he was honorably released from active duty and he was transferred to U.S. Army Reserve (USAR) Control Group (Reinforcement) for the remainder of his reserve obligation.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) and item 30 (Remarks) of his DD Form 214 show he served in the Republic of Vietnam from 16 July 1968 through 12 July 1969.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his tour of duty in the Republic of Vietnam, he was assigned to C Troop, 7th Squadron, 17th Air Cavalry Regiment, in duty MOS 11B as a Grenadier.  It does not show he was placed into a "Patient" status at a medical treatment facility at any time during his period of service.

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

6.  Neither Item 41 (Awards and Decorations) of his DA Form 20 nor item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 show award of the Purple Heart.

7.  He provides page 2 of a document he attests was rendered by a representative of the DVA which shows service-connection for his foot condition was denied.  However, he was granted service-connection effective 24 March 2005 for the following medical conditions with evaluation of the percentages shown:

* 10 percent (%) for left knee arthritis
* 10% for right knee arthritis
* 10% for left wrist arthritis
* 10% for right wrist arthritis
* 10% for cervical arthritis
* 
0% for right ankle synovitis
* 0% for hearing loss
* 0% for right shoulder, neck, and arm shrapnel scars
* 0% for left ankle strain
* 0% for right hip tendonitis
* 0% for right hip tendonitis

8.  He also provides a 2-page statement rendered by a fellow veteran who was his acquaintance in the Republic of Vietnam.  The author of the statement was assigned to a different unit, but they crossed paths on occasion.  In pertinent part, the writer attests that in the middle of March 1969 he heard a portion of the 4th Infantry Division was overrun at Camp Enari.  A couple of days later, he encountered the applicant while visiting a medical facility to obtain some medication.  He states the applicant had obviously been hurt as evidenced by the empty drawn look in his face, bandages from just above his right elbow up to his armpit and over his shoulder, and a pronounced limp.  He also stated the applicant told him he caught some shrapnel when his unit was driven from the outer perimeter bunkers to a secondary line of bunkers.  He attributed his limp to diving into a hole because of incoming fire and landing on his hip on top of a rock or something.

9.  There is no evidence in the available record and he has not provided any evidence showing he was awarded the Purple Heart.

10.  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 Republic of Vietnam Casualty Roster.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show he was awarded the Purple Heart was carefully considered.

2.  His record is void of any orders or other documents and he has not provided any evidence showing he was awarded the Purple Heart by proper authority while serving on active duty.  Additionally, 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.

4.  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)                                         AR20100012734



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ABCMR Record of Proceedings (cont)                                         AR20100012734



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