BOARD DATE:	  2 December 2010

		DOCKET NUMBER:  AR20100014908 


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 award of the Purple Heart for wounds received during active duty in the Republic of Vietnam.

2.  The applicant states he was wounded in his left arm on 13 April 1968 while on a patrol in the Republic of Vietnam.  He contends that initially he did not accept award of the Purple Heart because he considered the severity of his wound as low.  When he inquired in 1986 about award of the Purple Heart, he was told that a fire had destroyed the proof in his medical records.

3.  The applicant provides copies of a Standard Form (SF) 502 (Clinical Record - Narrative Summary) dated 13 April 1968; an SF 519-A (Radiological Consultation Request/Report), dated 24 June 1986; and photocopies of pictures [poor clarity] purporting to be the applicant while in the Republic of Vietnam.

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 records show the following:

Event
Dates
Commissioned as a second lieutenant, Ordnance and entered active duty
10 May 1967
Assigned as a platoon leader to the 75th Supply Company, Republic of Vietnam
24 June 1967 to 5 May 1968
Assigned as a platoon leader to the 139th Supply Company, Republic of Vietnam
6 May to 12 June 1968
Promotion to major, pay grade O-4
10 October 1977
Retired - length of service 
28 February 1986
3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Good Conduct Medal, Armed Forces Reserve Medal, Vietnam Service Medal with 3 Bronze Service Stars, Republic of Vietnam Campaign Medal with 1960 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Joint Service Commendation Medal, Army Commendation Medal with 4 Oak Leaf Clusters, Army Service Ribbon, Overseas Service Ribbon with Numeral 3, and the Army Achievement Medal with 2 Oak Leaf Clusters.

4.  Neither the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) or his Officer Record Brief show award of the Purple Heart.

5.  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 United States Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart.

6.  The Vietnam Casualty Roster does not list the applicant's name.

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

8.  A review of the SF 502, dated 13 April 1968, provided by the applicant, reveals that the form does not identify the patient's name or unit.  The form indicates that the patient had received a fragment wound to the left arm.  It does not provide or indicate under what circumstances the wound was received.

9.  A review of the SF 519-A, dated 24 June 1986, provided by the applicant, reports that the applicant's left arm contained foreign bodies in his upper left arm.  There is no information concerning the source of these foreign bodies or the circumstances of how they came to be in his arm.

10.  The photocopies of pictures provided by the applicant are of poor quality.  They are not labeled and do not contain any notes or other explanation.  They appear to represent the applicant with a bandaged left upper arm.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.

2.  There are no available general orders showing the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster. The evidence provided by the applicant is not sufficient evidence by itself upon which to base a correction of his records.  Should he have, or be able to obtain, a copy of orders awarding him the Purple Heart, or be able to provide other documents that clearly show he was wounded as a result of enemy action and was medically treated for such wound, he may submit another application for consideration.

3.  In view of the above, the applicant's request should be denied.

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)                                         AR20100014908





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ABCMR Record of Proceedings (cont)                                         AR20100014908



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