BOARD DATE:	  17 May 2011

		DOCKET NUMBER:  AR20100027035 


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 he received a wound from sniper fire while on guard duty at an ammunition point in An Kai, Vietnam.  He states, "HE HEARD A BULLET DISCHARGE AND I FELT SOMETHING DRIPPING DOWN THE RIGHT SIDE OF MY FACE."  He sought medical treatment from his unit's medical tent where he received stitches and then returned to duty.  He states his chain of command never brought up this incident nor did they award him a Purple Heart.  He does not believe the unit's medical personnel properly processed a medical report.  He concludes by stating he recently filed a claim with the Department of Veteran's Administration for his combat wound.  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 22 May 1969. 

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 17 October 1967 for a 2-year period.  He completed his initial entry training and he was awarded military occupational specialty 94B (Cook).

3.  The applicant served in the U.S. Army Pacific Command (USARPAC) in the Republic of Vietnam from 30 April 1668 to 21 May 1969 with the 647th Quartermaster Company.

4.  Item 40 (Wounds) of his DA Form 20 does not show an entry for wounds received in hostile action.

5.  Item 41 (Awards and Decorations) of his DA Form 20 shows these awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal 
* Marksman Marksmanship Qualification Badge with Rifle Bar

6.  The applicant's service personnel records do not contain general orders awarding him the Purple Heart.

7.  The applicant was honorably released from active duty on 22 May 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training).  

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he received these awards:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Vietnam Campaign Medal 
* Vietnam Service Medal
* two overseas service bars

9.  The applicant's name is not listed on the Vietnam casualty roster as being injured.  His military medical records are devoid of documentation showing he was wounded and that he received medical treatment from military personnel for any wounds.
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 awarding him the Purple Heart.

11.  Army Regulation 672-5-1 (Military Awards), then in effect, provided that the Purple Heart is awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services has been wounded, killed, or who has died as a result of 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 a medical officer, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 600-200, chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence, specifically documented medical evidence from military medical personnel of the Armed Forces who provided medical treatment to the applicant for wounds received during hostile action.  

2.  Therefore, in the absence of military and medical records showing he was wounded in action and received medical treatment for his wounds there is insufficient evidence upon which to base award of the Purple Heart.

3.  The ABCMR does not correct records to entitle a Veteran to Federal or state benefits.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x__  ____x____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  




      _______ _   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)                                         AR20100027035



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ABCMR Record of Proceedings (cont)                                         AR20100027035



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