IN THE CASE OF:	  

		BOARD DATE:	  27 January 2011

		DOCKET NUMBER:  AR20100020070 


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 (PH).

2.  The applicant states:

	a.  he believes his paperwork regarding award of the PH was lost because he remained in the field with his unit for many days after he was wounded;

	b.  he was young and didn't fully understand the importance of following through with the paperwork needed to receive the PH;

	c.  he realized the PH was not on his DD Form 214 when he was discharged, but he thought it was too late to do anything;

	d.  during the last few years at company (his unit) reunions, he made contact with the medic who treated his wound and remembered the incident; and

	e.  now that he is older and with the prompting of his family, service buddies, and a Veterans of Foreign Wars representative, he asks that consideration be given to his request.

3.  The applicant provides:

* self-authored statement
* witness statement
* DD Form 214

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 was inducted into the Army of the United States on 11 October 1966.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).  Specialist four is the highest rank he attained while serving on active duty.

3.  The applicant's DA Form 20 (Enlisted Qualification Record), item 31 (Foreign Service), shows he served in the Republic of Vietnam (RVN) from 2 April 1967 to 28 March 1966.  Item 40 (Wounds) is blank and the PH is not included in the list of awards contained in item 41 (Awards and Decorations).

4.  The applicant's record is void of any orders or other documents that indicate he was ever awarded the PH by proper authority while serving on active duty.  The record does not include any medical treatment records that indicate he was ever treated for a combat-related wound or injury while serving in the RVN.

5.  On 10 October 1968, the applicant was honorably released from active duty after completing a total of 2 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the PH.

6.  During the processing of this case, a member of the Board staff reviewed the Department of the Army Vietnam casualty roster.  There is no entry pertaining to the applicant in this list of RVN casualties.

7.  The applicant provides a witness statement from an individual who indicates:

	a.  he was the combat medic assigned to the applicant's unit when they were ambushed by the enemy in South Vietnam on 16 November 1967;

	b.  having been pinned down in a canal for hours, the applicant was returning fire on the enemy when he received a spray of shrapnel to the left side of his face;

	c.  after he dressed the applicant's wound, he remained with the unit because they were unable to get air support; and

	d.  the applicant should have received the PH.

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH.  It states that in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contends he should be awarded the PH for being wounded in combat while serving in the RVN.

2.  By regulation, in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.  In this case, the evidence of record fails to corroborate the applicant's claim that he sustained a wound/injury in the RVN warranting award of the PH.

3.  Item 40 of the applicant's DA Form 20 is blank which indicates he was not wounded in action.  The applicant's name is not included on the Vietnam casualty roster, the official list of RVN battle casualties.

4.  While the witness statement indicates the applicant sustained shrapnel wounds to his face and that he was medically treated for his wounds, there is no independent evidence of record to corroborate this information.  The witness statement alone, absent any evidence of record to confirm he met the regulatory burden of proof necessary to support award of the PH, is insufficient evidentiary basis upon which to grant the requested relief in this case.

5.  The applicant and all others concerned should know this action related to award of the PH in no way diminishes the sacrifices made by him 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 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)                                         AR20100020070



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ABCMR Record of Proceedings (cont)                                         AR20100020070



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