IN THE CASE OF:	  

		BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100018289 


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 on 22 August 1968 while serving in the Republic of Vietnam when his unit came under intense hostile automatic weapons and B40 rocket fire while leaving their compound.  He provides a copy of a letter recommending him for award of the Combat Infantryman Badge (CIB) as evidence of the events that took place that day; however, he contends the results of the engagement were incorrectly reported on this document.  He attests it should also show he was wounded in the butt and in the back of his upper leg by a B40 rocket explosion.  He states he was treated by a Vietnamese medic at the same location.  Additionally, he states he does not know why his injury was not reported.  He received the CIB as a result of the engagement, but it did not occur to him that he was also entitled to the Purple Heart.

3.  He provides copies of:

* his DD Form 214
* a DA Form 2496 (Disposition Form), dated 28 September 1968
* a letter, dated 22 December 1968




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 was inducted into the Army of the United States on 14 November 1967.  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.  On 18 June 1969, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for the remainder of his Reserve obligation.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 4 June 1968 through 17 June 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 Advisory Team 1, I Corps, U.S. Army Pacific - U.S. Army Military Assistance Command, Vietnam, as an Inter Speed Radio Operator.  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.  He provides a DA Form 2496 (Disposition Form), dated 28 September 1968, showing he was recommended for a time in grade waiver for promotion to (SP4)/E-4.  He highlighted a portion of the recommendation which states "He has volunteered for frequent operations and has proved himself dependable and fully capable under fire."

7.  He also provides a letter, dated 22 December 1968, showing he was recommended for award of the CIB for actions that occurred when his unit came under hostile fire on 22 August 1968.  The summary of events states:

"On 22 August 1968, [applicant's name] came under intense hostile automatic weapons and B.40 rocket launcher fire while accompanying Sector Headquarters as liaison for the Advisory Team.  [Applicant's name] was serving as Radio Operator when the command element left the compound to join the main body who was engaged in a fire fight with enemy sapper elements.  Results of the operation were six VC [Viet Cong] KIA [Killed in action], 7 VC captured with 5 AK.47s [automatic rifles], 2 Carbines [rifles] and 3 B.40 rockets.  Friendly forces suffered 7 ARVN [Army of the Republic of Vietnam] KIA and one APC (M.113) destroyed."

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

9.  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.

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 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)                                         AR20100018289



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ABCMR Record of Proceedings (cont)                                         AR20100018289



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