IN THE CASE OF:	  

		BOARD DATE:	  10 May 2011

		DOCKET NUMBER:  AR20100026835 


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 the Purple Heart be added to his DD Form 214 (Report of Transfer or Discharge). 

2.  The applicant states:

* The Purple Heart that was earned was not recorded on his DD Form 214
* He was wounded in the chest in April 1967 while patrolling in Vietnam
* Hostiles were in full force and several people were wounded

3.  The applicant provides:

* Two radiology reports
* DA Form 20 (Enlisted Qualification Record)
* Two service medical records
* Two photographs
* DD Forms 214 for the periods ending 17 October 1968 and 17 October 1972 

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 enlisted in the Regular Army on 21 March 1966 for a period of 3 years.  He served as a parachute rigger in Vietnam from 19 September 1966 to 
18 September 1967.  On 17 October 1968, he was honorably discharged for immediate reenlistment.  

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 17 October 1968 does not show the Purple Heart as an authorized award.

4.  He reenlisted on 18 October 1968 for a period of 4 years.  He served as a parachute rigger in Vietnam from 2 January 1969 to 1 January 1970.  On 
17 October 1972, he was honorably discharged.

5.  Item 24 of his DD Form 214 for the period ending 17 October 1972 does not show the Purple Heart as an authorized award.

6.  There are no orders for the Purple Heart in his service personnel records.  

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank.  His name does not appear on the Vietnam casualty roster.  

8.  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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

9.  In support of his claim for the Purple Heart, he provided service medical records which show he was wounded on 2 April 1967 and he was treated for a superficial fragment wound to the left side of his chest.  However, no evidence shows this wound was the result of hostile action in Vietnam.

10.  He also provided a radiology report, dated 12 March 1987, which states "a metallic density is seen projecting over the left costophrenic angle on one view and behind the sternum on another view."  The other radiology report provided by the applicant, dated 1 October 2010, states "curvilinear metallic density over left anterior thoracic wall again noted.  May relate with a prior gunshot or shrapnel injury or possibly prior surgery."  However, there is no evidence this metallic density is the result of hostile action.

11.  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 medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  Although the service medical records provided by the applicant show he was treated for a fragment wound to the left side of his chest, there is insufficient evidence to show he was injured as a result of enemy action.

2.  There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam.  In the absence of orders or other evidence of record showing that the applicant was injured and treated for wounds as a result of hostile action in Vietnam, the radiology reports provided by the applicant are not sufficient as a basis for award of the Purple Heart.  Regrettably, there is insufficient evidence on which to amend his DD Form 214 to show award of 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:

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.




      _______ _   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)                                         AR20100026835





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ABCMR Record of Proceedings (cont)                                         AR20100026835



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