IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100023684 


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.

2.  He states he was awarded the Purple Heart at Duc Phu Camp, Vietnam, by his captain and chaplain.  However, before the citation could be typed up the captain was killed in action and the chaplain rotated back to the United States.  He has no idea how to locate the chaplain and doesn't remember his name.  In previous attempts it was stated that Duc Phu Camp did not exist; however, he has pictures of the camp, the area at the time he was awarded the Purple Heart, and the chaplain.  Medical records are nonexistent since it was an outpost and aid was tendered as needed.

3.  He also states, in effect, he is including 15 pictures which he alleges are of Duc Phu Camp before and being attacked by the Vietcong, a makeshift orderly room at the camp, the same orderly room after being destroyed, the bunker behind the camp's orderly room, his sleeping cot at the camp, the chaplain, and himself.

4.  He provides:

* orders for and return from Vietnam
* Combat Infantryman Badge orders
* 15 pictures


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 military records show he enlisted in the Regular Army in pay grade E-1 on 23 September 1966 for 3 years.  He completed training and was awarded primary military occupational specialty (MOS) 71H (Personnel Specialist) and secondary MOS 11B (Light Weapons Infantryman).

3.  He served in Vietnam from 22 May 1967 through 14 May 1968.  He served in MOS 11B and was assigned to Company B, 2nd Battalion, 35th Infantry, 25th Infantry Division.

4.  He was honorably released from active duty in pay grade E-5 on 22 September 1969 at the expiration of his term of service and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal with one bronze service star
* Vietnam Campaign Medal

6.  There are no orders in his military personnel records authorizing him award of the Purple Heart.

7.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect he was wounded as a result of hostile enemy action and item 41 (Awards and Decorations) of this form does not list the Purple Heart.

8.  His name is not listed on the Vietnam casualty roster and his medical records are not available for review with this case.

9.  He provided copies of 15 pictures alleged to be of Duc Phu Camp before and after being attacked by the Vietcong, a makeshift orderly room at the camp, the camp's orderly room after being destroyed, the bunker behind the orderly room, his sleeping cot, the chaplain, and himself.

10.  A 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 were published authorizing award of the Purple Heart to him.

11.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for an injury or 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 required treatment by military personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions and documentation submitted with his application were carefully considered.  By regulation, in order to support award of the Purple Heart there must be evidence confirming the wound/injury for which the award is being made was received as a direct result of or was caused by enemy action, the wound/injury must have been treated by medical personnel, and a record of this treatment must have been made a matter of official record.

2.  He provided insufficient evidence to show he was wounded or injured as a result of hostile action during his period of service in Vietnam or that he was awarded the Purple Heart.  There are no orders in ADCARS confirming he was awarded the Purple Heart.  His name does not appear on the Vietnam casualty roster.

3.  Absent corroborating evidence confirming his contention (such as his service medical records, which he should be able to obtain from the Department of Veterans Affairs), the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  Therefore, he is not entitled to award of the Purple Heart or its addition to his DD Form 214.


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)                                         AR20100023684



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ABCMR Record of Proceedings (cont)                                         AR20100023684



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