IN THE CASE OF:	  

		BOARD DATE:	       15 October 2008

		DOCKET NUMBER:  AR20080009206 


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 that he sustained a shell fragment wound to his right upper forearm in combat while serving in Vietnam.

3.  The applicant provides a letter, dated 30 May 2008, from a Veterans Service Officer at the Department of Military and Veterans Affairs in Sioux Falls, South Dakota.  

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 on 17 September 1970 for a period of 3 years.  He served as a helicopter repairman in Vietnam from 24 April 1971 to 25 February 1972 and was released from active duty on 27 March 1972. 

3.  The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Purple Heart as an authorized award.   

4.  There is no evidence in the available records which show that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant's name does not appear on the Vietnam Casualty Roster.

6.  In support of his claim, the applicant provided a letter, dated 30 May 2008, from a Veterans Service Officer at the Department of Military and Veterans Affairs in Sioux Falls, South Dakota.  This letter states, in pertinent part, that the applicant is currently service connected for residuals of a shell fragment wound to the right upper forearm through the Department of Veterans Affairs (DVA) and that his records relating to this injury can be obtained through the DVA in Sioux Falls, South Dakota.  
 
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 by military medical personnel, and the medical treatment must have been made a matter of official record.  

8.  Army Regulation 15-185 provides Department of the Army policy, criteria, and administrative instructions regarding an applicant’s request for the correction of a military record.  In pertinent part, it states the Board will decide cases on the evidence of record.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam.  Since the applicant did not provide DVA records relating to his shell fragment wound to his right upper forearm, there is insufficient evidence on which to base award of the Purple Heart at this time.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___XX_____  __XX______  ___XX_____  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.


      _______ XXXX_   _______   ___
               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)                                         AR20080009206



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ABCMR Record of Proceedings (cont)                                         AR20080009206



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