IN THE CASE OF:	  

		BOARD DATE:	       30 JULY 2009

		DOCKET NUMBER:  AR20090003313 


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 received shrapnel wounds to his leg while serving in the Republic of Vietnam and was supposed to receive the Purple Heart.

3.  The applicant provides no supporting documentation.

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.  On 18 April 1966, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 36A (Wireman).

3.  On 1 December 1966, the applicant departed Fort Jackson, South Carolina, for duty in the Republic of Vietnam.

4.  On 23 December 1966, the applicant was assigned for duty as a switchboard operator with Headquarters, 1st Battalion, 8th Artillery Regiment.

5.  On 9 December 1967, the applicant returned to the United States for duty at Fort Meade.

6.  On 17 April 1968, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5, and had completed 2 years of creditable active duty.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.  It does not show award of the Purple Heart.

8.  The Awards and Decorations Computer Assisted Retrieval System, 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, was not available for review.

9.  The applicant’s name is not listed on the Vietnam casualty roster.

10.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.

11.  Army Regulation 600-8-22 (Personnel Separations) 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 that he received shrapnel wounds to his leg while serving in the Republic of Vietnam and should be awarded the Purple Heart.

2.  There are no general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam casualty roster.  The applicant has not provided any documentary evidence showing that he was wounded in action against the enemy.

3.  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 the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20090003313



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ABCMR Record of Proceedings (cont)                                         AR20090003313



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