IN THE CASE OF:	  

		BOARD DATE:	  9 December 2010

		DOCKET NUMBER:  AR20100016350 


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.  He states his military record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) do not show he received the Purple Heart for his service-related injury while serving in Vietnam in 1966.  He feels his record should reflect that he received the Purple Heart.  His assigned military occupational specialty (MOS) was technical supply clerk.  In the early days of the Vietnam War many Soldiers were assigned to jobs unrelated to their MOS, as he was.  He did spend time as a technical supply clerk, later moved to unit supply, and served as a part-time gunner on UH-1 Huey helicopters during the last several months of his tour of duty in Vietnam.

3.  He also states he was injured in June 1966 when he was flying on a Huey as a gunner picking up troops near Pleiku, Vietnam.  While lifting off, he was struck in the face (right cheek) by a metal fragment.  He was not incapacitated by the injury and did not seek treatment until he returned to base camp.  A medic checked out the injury, removed the fragment, and applied medication and a bandage.  He was also told the injury would be reported to the company clerk and he would be entitled to a Purple Heart.

4.  He further states he continued to apply more medicine and bandages to the wound while in country.  After returning home, he continued to apply medicine and new bandages.  However, the wound was very slow to heal and did not heal properly.  He was sent to the Portsmouth Naval Hospital and was referred to a surgeon.  He was told the wound had festered creating a cyst and it needed to be removed.  Surgery was scheduled and completed in early January 1967.

5.  He also states when reviewing his DD Form 214 it is obvious that he did sign it upon his separation and that it shows "none" for the entry "Wounds Received as a Result of Action with Enemy Forces."  It does not show the Purple Heart.  At the time of his separation he was barely 21 years old and knew little about medals.  The separation process occurred quickly and he was anxious to get back home to his wife.  He has no excuses for not noting the information on his DD Form 214 at the time of his separation from the Army.

6.  He provides:

* Standard Form 513 (Clinical Record - Consultation Sheet), dated 24 October 1966
* Standard Form 88 (Report of Medical Examination), dated 8 December 1966
* Standard Form 89 (Report of Medical History), dated 14 December 1966
* DD Form 214

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 records show he was inducted into the Army of the United States in pay grade E-1 on 4 February 1965.  He completed training and was awarded primary MOS 71B (Clerk Typist) and secondary MOS 76P (Stock and Control Accounting Specialist).  He served in Vietnam from 23 June 1965 through 18 June 1966.

3.  His records contain a Surgeon General Form 0265 (Oral Exfoliative Cytology Study), dated 16 February 1965.  The form described his asymptomatic buccal mucosa (mucous membrane of the inside of the cheek) of cheeks and tongue.  The clinical impression was lichen planus (an inflammatory skin condition).  Other pertinent data showed he was unaware of the lesion and the duration was unknown.  The form does not specify the lesion was due to an injury as a result of hostile action.

4.  He provided a Standard Form 513, Standard Form 88, and Standard Form 89, dated 24 October 1966, 8 December 1966, and 14 December 1966, respectively. 
These forms show he received treatment for a cyst on his right cheek and do not specify the injury was a result of hostile action.

5.  He was honorably released from active duty in pay grade E-4 on 3 February 1967 at the expiration of his term of service and was transferred to the U.S. Army Reserve Control Group (Annual Training).

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Purple Heart.

7.  There are no orders in his military personnel records authorizing award of the Purple Heart.  There is no entry in item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) showing he was wounded as a result of hostile enemy action.  Item 41 (Awards and Decorations) of his DA Form 20 does not list the Purple Heart.

8.  The Vietnam casualty list does not list his name.

9.  A review of 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 U.S. Army Human Resources Command, failed to reveal any orders were published authorizing award of the Purple Heart to him.

10.  Army Regulation 600-8-22 (Military Awards), then in effect, stated the Purple Heart was awarded for an injury or 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 had required treatment by military personnel, and the medical treatment must had been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the Purple Heart and the supporting evidence provided were carefully considered.  However, by regulation, in order to support award of the Purple Heart, there must be evidence confirming that the injury or wound for which the award is being made was received or caused by or was a direct result of enemy action, that the wound was treated by medical personnel, and that a record of this treatment must have been made a matter of official record.

2.  He provided insufficient evidence to show his injury was the result of hostile action while serving in Vietnam.  The evidence does not specify or confirm he was involved in hostile action with the enemy at the time.

3.  The evidence of record contains no orders or other documents confirming his injury was caused by his participation in direct or indirect combat operations while serving in Vietnam.  His name does not appear on the Vietnam casualty list and there were no entries made in his service personnel records to show he was injured as a result of hostile action.

4.  Therefore, absent corroborating evidence confirming his contentions (chain of command supporting letters, etc.), the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.

5.  In view of the foregoing, there is no basis for granting his 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________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)                                         AR20100016350



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ABCMR Record of Proceedings (cont)                                         AR20100016350


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