IN THE CASE OF:	 

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100023516 


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 (Report of Separation from Active Duty) to show award of the Purple Heart.

2.  The applicant states he was awarded the Purple Heart in 1968 for being wounded in action (WIA) in Vietnam.  His pay records show he was "WIA," but he never received the Purple Heart.  His records should indicate he was WIA in Vietnam.  

3.  The applicant did not provide any evidence.

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 he enlisted in the Regular Army (RA) on 7 June 1967 and held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He also held MOS 16B (Hercules Missile Crewmember) and served through a 4-year reenlistment in the RA on 8 July 1970 and a 6-year reenlistment on 25 June 1971.  

3.  On 2 June 1977, his records were considered by a medical evaluation board (MEB) for postgastrectomy syndrome and other medical conditions.  The MEB referred him to a physical evaluation board (PEB).  The PEB found him physically unfit and recommended that he be transferred to the temporary disability retired list (TDRL).  On 23 July 1977, he was honorably retired and ultimately permanently retired on 31 July 1981. 

4.  He completed the following periods of foreign service: 

* Vietnam, from 8 November 1967 to 1 February 1968
* Germany, from 29 April 1969 to 29 May 1970
* Germany, from 16 August 1970 to 6 October 1971
* Vietnam, from 11 October to 10 November 1971
* Germany, from 7 April 1973 to 1 April 1975

5.  He was issued the following discharge and/or separation documents:

	a.  DD Form 214 for the period 7 June 1967 to 28 May 1970 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Good Conduct Medal, Combat Infantryman Badge, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

	b.  DD Form 214 for the period 8 June 1970 to 24 June 1971 shows in item 24 the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Good Conduct Medal (1st Award), and Combat Infantryman Badge.

	c.  DD Form 214 for the period 25 June 1971 to 22 July 1977 shows in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Army Good Conduct Medal (2nd Award).

6.  His contemporaneous DA Form 20 (Enlisted Qualification Record) shows the following entries:  

* item 38 (Record of Assignments) shows he was transferred from Vietnam on 14 February 1968 to the 106th General Hospital, Japan in a patient status; however, the nature of his injury/illness is undetermined
* item 40 (Wounds) does not list any combat injuries
* item 41 (Awards and Decorations) does not list the Purple Heart

7.  His name is not listed on the Vietnam casualty roster.

8.  His available medical records do not reflect a combat injury or treatment for such an injury.

9.  There are no general orders in his records that show he was awarded the Purple Heart.

10.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart orders on file for him.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  His service record is void of any orders that show he was awarded the Purple Heart.  His name is not listed on the Vietnam casualty roster, his DA Form 20 does not list any combat wounds, and his medical records do not show he was wounded as a result of hostile action and/or treated for such wounds. 

3.  Notwithstanding his sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20100023516



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100023516



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1