BOARD DATE:	  28 June 2011

		DOCKET NUMBER:  AR20100030234 


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 correction of his military records to show he was awarded the Purple Heart.

2.  The applicant states he was wounded in combat on 13 September 1968 in the Republic of Vietnam (RVN) when his platoon was ambushed by the enemy.  He received multiple shrapnel wounds to his right hand but he did not require medical evacuation.  He still has shrapnel in his right hand.  During the ambush his platoon leader, medic, and two riflemen were killed; his platoon sergeant was also seriously wounded.  Therefore, there was no one left to put him in for the Purple Heart.  He became the senior man still standing and was promoted in the field to staff sergeant.  

3.  The applicant provides copies of his DD Form 47 (Record of Induction), 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), separation orders, DA Form 20 (Enlisted Qualification Record), discharge orders from the U.S. Army Reserve, and a listing taken from the Vietnam Veterans Memorial Wall of a Soldier who died on 13 September 1968.

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 25 July 1967, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 14 June 1968, the applicant departed Fort Polk, Louisiana, for duty in the RVN.  

	a.  He was subsequently assigned as a squad leader with Company A, 4th Battalion, 23rd Infantry Regiment, 25th Infantry Division.

	b.  On 16 January 1969, he was reassigned to the Air Control Team, Headquarters and Headquarters Company, 4th Battalion, 23rd Infantry Regiment, 25th Infantry Division.

	c.  He departed the RVN on or about 7 July 1969 and he was released from active duty on this same date.  He had attained the rank of staff sergeant, pay grade E-6 and completed 1 year, 11 months, and 13 days of creditable active duty service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as:

* National Defense Service Medal
* Vietnam Campaign Medal
* Bronze Star Medal
* Vietnam Service Medal
* Combat Infantryman Badge  

5.  The applicant’s name is not listed on the Vietnam Casualty Roster.

6.  The applicant's DA Form 20 shows in:  

	a.  Item 40 (Wounds): no entries; and

	b.  Item 41 (Awards and Decorations): "NDSM, VSM, CIB1stawd, BSM, RVN Cross of Gallantry w/Palm, 2 O/S Bars, RVNCM."

7.  Standard Forms 88 (Report of Medical Examination) and 89 (Report of Medical History), both dated 7 July 1969, indicate the applicant was in good health and does not mention any previous wound to his right hand, or residuals of shrapnel.

8.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the Purple Heart.   ADCARS is 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.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  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.

10.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, provided instructions for the completion of the DA Form 20.  Paragraph 9-53 specified entry in Item 40 (Wounds) of a brief description of wounds or injuries received through hostile or enemy action requiring medical treatment and/or hospitalization.  The date wounded or injured was also to be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show he was awarded the Purple Heart because he was wounded in combat in the RVN on 13 September 1968.

2.  There are no available general orders awarding the applicant the Purple Heart.  The Vietnam Casualty Roster does not contain the applicant's name.  Neither the applicant's DA Form 20 nor his separation medical examination indicates he received wounds while in action or that he retained fragments of shrapnel.  The applicant has not provided substantiating evidence to support his contention that he was wounded as a result of enemy action.

3.  The applicant's description of the events surrounding his wounding clearly indicates he did not receive medical treatment for his wounds.  The criteria for award of the Purple Heart specify the wounds must have required medical treatment and the treatment must have been made a matter of official record.

4.  In view of the above, the applicant's request should be denied.

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)                                         AR20100030234



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ABCMR Record of Proceedings (cont)                                         AR20100030234



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