IN THE CASE OF:	  

		BOARD DATE:	  26 FEBRUARY 2009

		DOCKET NUMBER:  AR20080016915 


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, in effect, he believes he received a combat injury in June of 1968 while assigned to Platoon Aztec, Company B, at Landing Zone (LZ) Barbara, Quang Tri Province in the Republic of Vietnam.

3.  The applicant provides no additional documentary evidence.

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 personnel records show he was inducted into the Army of the United States and entered active duty for a period of 24 months on 10 January 1967.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 11C (Indirect Fire Crewman).

3.  The applicant's military personnel records contain a DA Form 20 (Enlisted Qualification Record).

	a.  Item 31 (Foreign Service) shows that he served in the U.S. Army Europe (USAREUR) in Germany from 3 July 1967 through 5 March 1968 and in the U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 30 March 1968 through on or about 2 January 1969.

   b.  Item 38 (Record of Assignments), in pertinent part, shows while serving in the RVN, the applicant was assigned to Company B, 2nd Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile), USARPAC, from 6 April 1968 through 30 December 1968.

   c.  Item 40 (Wounds) is absent an entry.

	d.  Item 41 (Awards and Decorations) fails to show he was authorized award of the Purple Heart.

4.  There is no documentation in the applicant’s military personnel records that shows he was wounded or treated for wounds as a result of hostile action.  There is also no evidence that the applicant was admitted to a military hospital at any time during his tour of duty in the RVN.  In addition, a review of the Adjutant General's Office Casualty Division's Vietnam casualty roster confirmed that the applicant’s name is not listed on the roster.

5.  A thorough review of the applicant’s military personnel records revealed that there are no orders in the applicant’s records that show he was awarded the Purple Heart.  In addition, a search of the U.S. Army Human Resources Command Awards and Decorations Computer Assisted Retrieval System (ADCARS) for the Vietnam Conflict failed to produce orders showing award of the Purple Heart to the applicant.

6.  The applicant's military personnel records contain a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that shows he entered active duty on 10 January 1967.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Bronze Star Medal, Air Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Automatic Rifle (M-16) Bars, and 1 Overseas Service Bar.  The DD Form 214 also shows the applicant was honorably released from active duty on 2 January 
1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining military service obligation.  At the time he had completed 1 year, 11 months, and 23 days of net active service this period and 1 year, 3 months, and 5 days of foreign service.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Purple Heart because he believes he received a combat injury in June of 1968 while assigned to Platoon Aztec, Company B, and stationed at LZ Barbara, Quang Tri Province in the RVN.

2.  The applicant’s claim that he received a combat injury in June of 1968 while serving in the RVN was carefully considered.  However, he provides insufficient evidence in support of his claim to the Purple Heart.

3.  The applicant provides no official documentary evidence pertaining to the injury (e.g., battle casualty report, medical treatment records, etc.) in support of his request.  There is no evidence in the applicant’s military personnel records that shows he was wounded or treated for wounds as a result of hostile action; his DA Form 20 does not show an entry in item 40 or list the Purple Heart in item 41; the applicant's name is not listed on the Adjutant General's Office Casualty Division's Vietnam casualty roster; and there are no orders in the applicant’s military personnel records or in the U.S. Army Human Resources Command ADCARS that show the applicant was awarded the Purple Heart.  In addition, there is no evidence in the applicant’s military service records that shows he was wounded as a result of hostile action, that such wound required treatment, or that the medical treatment was made a matter of official record.  In view of all of the foregoing, there is insufficient basis for awarding the Purple Heart to the applicant in this case. 

4.  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 that would satisfy this requirement.
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.



      __________XXX____________
                 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)                                         AR20080016915



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ABCMR Record of Proceedings (cont)                                         AR20080016915



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