IN THE CASE OF:	  

		BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100013591 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart.

2.  He states he sustained shrapnel wounds to his left hand when a mortar round struck at an ammunition dump he was guarding in the Republic of Vietnam in 1969.  He continues that his wounds were very minor in comparison to those of others who were more seriously injured.  He adds that he mentioned this oversight to the Department of Veterans Affairs (DVA) when he filed a claim with them regarding his exposure to Agent Orange, but they could not find any record of his wounds.  He was also informed that no record of his wounds were in his Army records either.  Now, 41 years later, his children found an old photograph of him that shows he was actually wounded.  He hopes this photograph will suffice because no other record exists.  He states that he wants his record corrected so his grandchildren will better understand what he did in the past without being ashamed.  He concludes that he has no intention of filing for any DVA benefits.

3.  He provides copies of:

* a self-authored statement
* his DD Form 214
* a DD Form 215 (Correction of DD Form 214)
* a photograph

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 12 December 1968.  He completed the training requirements and was awarded military occupational specialty 63C (Generator Vehicle Repairman).  The highest rank/pay grade he attained while serving on active duty was specialist five/E-5.  On 2 December 1971, he was released from active duty with an honorable characterization of service and transferred to U.S. Army 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 (as amended by his DD Form 215, dated 27 October 1976) show he served in the Republic of Vietnam from 1 June 1969 through 31 May 1970.

4.  Item 38 (Record of Assignments) of his DA Form 20 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 amended DD Form 214 shows award of the Purple Heart.

7.  His record contains a Standard Form 180 (Request Pertaining to Military Records), dated 27 April 1977, which shows he requested to receive several awards and decorations, including the Purple Heart.  His record also includes a response to his request which was rendered by the Reserve Components Personnel and Administration Center located in St. Louis, MO, wherein he was informed no record had been found to show he was awarded the Purple Heart.  He was also advised that if he could furnish the date and location of where he received his wounds as well as the organization that may have issued the orders, further consideration would be given to his request.

8.  He provides an undated photograph of a shirtless man whose left hand appears to be bandaged.  The applicant indicated this is a photograph of himself that was taken in September 1969 while serving in the Republic of Vietnam.

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.  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.

12.  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, a review of the ADCARS database failed to reveal any orders for the Purple Heart pertaining to him and his name does not appear on the Vietnam Casualty Roster.

3.  The photograph he provided shows his hand was bandaged, but there is no way to determine what type of injury he sustained or the manner in which he was injured.

4.  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)                                         AR20100013591





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ABCMR Record of Proceedings (cont)                                         AR20100013591



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