IN THE CASE OF:	  

		BOARD DATE:	  16 June 2011

		DOCKET NUMBER:  AR20100028590 


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, in effect, award of the Purple Heart.

2.  The applicant states he believes he was awarded the Purple Heart.

3.  The applicant provides no additional evidence in support of his application.

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 1 August 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  On 1 June 1968, he was assigned to the 3rd Battalion, 8th Infantry, in the Republic of Vietnam as a rifleman.  He was then assigned as indicated:

* 23 December 1968, to the Medical Hold Detachment, 249th General Hospital, in a patient status
* 9 January 1969, en route to the continental United States in a casual status
* 11 January 1969, to Valley Forge General Hospital, Phoenixville, PA, in a patient status
* 27 January 1969, en route to Fort Riley, KS, in a casual status
* 14 March 1969, to 1st Battalion, 10th Infantry, Fort Riley, KS, as a rifleman

4.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not contain any entries indicating he received any wounds as a result of hostile action.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Purple Heart.

6.  On 6 June 1969, the applicant was released from active duty.  He completed 1 year, 10 months, and 7 days of active service that was characterized as honorable.

7.  Item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form DD Form 214 lists the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

8.  There are no orders in his military personnel records jacket (MPRJ) awarding him the Purple Heart.

9.  His service medical records are not available for review.

10.  His name does not appear on the Vietnam casualty listing.

11.  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 for the Purple Heart for the applicant.

12.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that were received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.

13.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), then in effect, provided for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

14.  Army Regulation 672-5-1 (Awards), then in effect, provided that the Purple Heart was 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, had been wounded, killed, or who died as a result of a 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 a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  Although his records clearly show he was transferred from the Republic of Vietnam in a patient status, there are no records showing why he was previously transferred to the 249th General Hospital.

2.  There are no orders in his MPRJ or in ADCARS awarding him the Purple Heart.  Item 40 of his DA Form 20 does not show he was wounded as a result of hostile action and he is not listed on the Vietnam casualty listing.  His service medical records were not available for review.

3.  In the absence of evidence showing he was wounded as result of hostile action, the wound required treatment by medical personnel, and the medical treatment was made a matter of official record, there is an insufficient basis to award the Purple Heart in this case.

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 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 this action in no way diminishes the sacrifices made by him 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)                                         AR20100028590



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ABCMR Record of Proceedings (cont)                                         AR20100028590



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