IN THE CASE OF:	  

		BOARD DATE:	  21 April 2011

		DOCKET NUMBER:  AR20100025141


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.  The applicant states, in effect, that he should have been awarded the Purple Heart.  

3.  The applicant provides: 

* a copy of a previously-submitted letter to the U.S. Army Reserve Components Personnel and Administration Center, dated 20 August 1984
* General Orders Number 3604, Headquarters, U.S. Army, Vietnam, dated 10 June 1966
* General Orders Number 1155, Headquarters, 1st Brigade, 101st Airborne Division, dated 11 November 1966
* Bronze Star Medal (BSM) citation

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 enlisted in the Regular Army on 11 June 1965 for a period of
3 years.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His record shows he served in the Republic of Vietnam (RVN) from
28 November 1965 to 28 November 1966.  During his service in the RVN he was assigned to Company A, 2nd Battalion, 502nd Infantry Regiment, 101st Airborne Division.

4.  On 23 May 1968, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years, 11 months, and 13 days of total active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Purple Heart as an authorized award.

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not contain any entries identifying casualty wounds he sustained during his service in Vietnam. 

7.  His available record does not contain any orders for the Purple Heart, nor does his name appear on the Vietnam casualty listing.

8.  His available record also does not contain any medical documents pertaining to the treatment of any wounds or injuries sustained by the applicant during his service in Vietnam.

9.  A review of the Awards and Decorations Computer Assisted Retrieval System, 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 pertaining to the applicant.

10.  He provides a copy of a previously-submitted letter to the U.S. Army Reserve Components Personnel and Administration Center, dated 20 August 1984, in which he states he was wounded on the morning of 10 December 1965, while engaged with the enemy in the Republic of Vietnam.  He states he sustained an injury to his right temple, which was treated by the company medic. He further states that individuals who could corroborate this incident are either deceased, or as is the case with his company commander and first sergeant, he does not remember their names. 

11.  Additionally, he provides General Orders Number 3604, issued by Headquarters, U.S. Army, Vietnam, dated 10 June 1966; General Orders Number 1155, issued by Headquarters, 1st Brigade, 101st Airborne Division, dated 11 November 1966; and his BSM citation.  These general orders document his receipt of the ARCOM with "V" Device and the BSM; however, these documents do not reference any wounds received as a result of enemy engagement.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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.

13.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart and correction of his
DD Form 214 to show this award was carefully considered; however, there is insufficient evidence to support his request.

2.  Neither his available records nor the Vietnam casualty listing provide any evidence that he was wounded in Vietnam, that those wounds were the result of hostile action that required treatment, or that the resulting medical treatment was made a matter of official record.

3.  There is no evidence of record and he did not provide any evidence to corroborate his contention that he was wounded in action in Vietnam on
10 December 1965.

4.  In view of the foregoing, there is an insufficient basis in which to grant award of the Purple Heart.

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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20100025141



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