BOARD DATE:	  3 May 2011 

		DOCKET NUMBER:  AR20100025817 


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 Transfer or Discharge) to show his award of the Purple Heart.  He also requests, in effect correction of his DD Form 214 to show the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber) instead of the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

2.  The applicant states he recently applied for veterans benefits and he noticed two mistakes on his DD Form 214.  The first mistake is it shows he shot expert with the M-60 machine gun; however, he states he shot expert with the .45 caliber pistol.  The second mistake, and most important, is it does not show the Purple Heart.

3.  He states in June 1966 he was wounded by shrapnel in his right calf during combat action.  He was hospitalized for a couple of weeks but his wound "broke open" and he was treated at base camp until it healed.  He returned to the field and he was later given the Purple Heart.

4.  The applicant provides:

* his DD Form 214
* four service medical record documents, dated between 4 July 1966 and 26 July 1966


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.  He was inducted into the Army of the United States on 8 December 1965.  He served as a light weapons infantryman in Vietnam from 5 June 1966 to 4 June 1967.  On 7 December 1967, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

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

* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

4.  There are no orders for the Purple Heart in his service personnel records.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank.  The applicant's name does not appear on the Vietnam casualty listing.

6.  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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

7.  His record contains a Standard Form (SF) 88 (Report of Medical Examination and an SF 89 (Report of Medical History) that was completed during his separation medical examination on 5 October 1967.  These forms make no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.

8.  In support of his claim for the Purple Heart, he provided service medical records which show he was treated for a right leg wound.  He also provided a service medical record, dated 26 July 1966, which states "old shrapnel wound slow about healing on (R) right calf."  However, no evidence shows this wound was the result of hostile action in Vietnam.

9.  There are no orders for the Expert Marksmanship Qualification Badge with Pistol Bar in the available records.

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

11.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree - Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

DISCUSSION AND CONCLUSIONS:

1.  Although the service medical records provided by the applicant state "old shrapnel wound" to right calf, there is insufficient evidence to show he was injured as a result of enemy action.

2.  There is no evidence of record which shows he was wounded or injured as a result of hostile action in Vietnam.  His SFs 88 and 89 during his separation physical examination on 5 October 1967 make no mention of any injuries or wounds sustained as a result of hostile action.  There are no orders for the Purple Heart in the available records.  Regrettably, there is insufficient evidence in which to amend his DD Form 214 to show award of the Purple Heart. 


3.  Although he contends he shot expert with the .45 caliber pistol, there is no evidence of record and he provided no evidence which shows he received the Expert Marksmanship Qualification Badge with Pistol Bar.  Therefore, there is insufficient evidence in which to add this marksmanship badge 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 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)                                         AR20100025817



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ABCMR Record of Proceedings (cont)                                         AR20100025817



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