IN THE CASE OF:	  

		BOARD DATE:	    26 July 2011

		DOCKET NUMBER:  AR20110000344 


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 (PH).  

2.  The applicant states he was wounded in action in the Republic of Vietnam (RVN) in February 1969.  He claims he was treated at the time and still has shrapnel in his neck. 

3.  The applicant provides no documentary evidence in support of his application.  

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 in the Regular Army on 3 April 1967, and was trained in and awarded military occupational specialty (MOS) 36K (Field Wireman).  On     2 April 1970, he was honorably released from active duty, in the rank of specialist four/E-4 (SP4/E-4), by reason of expiration of term of service.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time does not include the PH in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  Item 24 shows he earned the following awards during this period of active duty service:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM) with 2 bronze service stars
* RVN Campaign Medal (RVNCM) with 1960 Device
* Parachutist Badge
* Army Commendation Medal (ARCOM) with “V” (Valor) Device 1st Oak Leaf Cluster (2nd Award)
* Air Medal (AM) with 1st Oak Leaf Cluster (2nd Award)
* Bronze Star Medal (BSM)
* Meritorious Unit Commendation (MUC)
* 2 Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

3.  On 25 September 1970, the applicant again enlisted in the Regular Army, for 3 years.  His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 17 October 1968 through 24 October 1969; and again from 13 March 1971 through 10 December 1971.  Item 40 (Wounds) is blank and the PH is not included in the list of awards contained in item 41 (Awards and Decorations).  Item 48 (Date of Audit) shows the applicant last audited the DA Form 20 on 9 January 1972.  

4.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of orders or documents indicating he was wounded in action in the RVN.  It is also void of medical treatment records indicating he was ever treated for a combat-related wound.  

5.  On 23 November 1973, the applicant was discharged under the provisions of 
chapter 10, Army Regulation 635-200 (Personnel Separations) in lieu of trial by 
court-martial and issued an undesirable discharge (UD).  The DD Form 214 he was issued at the time does not include the PH.  It shows he earned the following awards during this period of active duty service:

* NDSM
* VSM with 2 bronze service stars
* RVNCM with 1960 Device
* 3 Overseas Service Bars
* Parachutist Badge
* ARCOM with “V” (Valor) Device 1st Oak Leaf Cluster (2nd Award)
* AM with 1st Oak Leaf Cluster (2nd Award)
* BSM
* MUC
* Aircraft Crewman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

6.  During the processing of this case, a staff member of the Board reviewed the
Department of the Army (DA) Vietnam Casualty Roster.  The applicant's name was not included on the roster.

7.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-8 contains guidance on the PH.  It states the PH is awarded to members wounded in action.  It also states in order to award the PH there must be evidence of the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment was made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be awarded the PH based on wounds received in the RVN in February 1969 has been carefully considered.  However, there is insufficient evidence to support this claim.  

2.  By regulation, in order to support award of the PH the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound must have required medical treatment by medical personnel, and this medical treatment must have been made a matter of official record.

3.  Item 40 of the applicant’s DA Form 20 is blank, which indicates he was never wounded in action, and the PH is not included in the list of earned awards in
item 41.  Further, there are no orders or other documents in the applicant's MPRJ that indicate he was ever awarded the PH by proper authority, or that he was ever treated for a combat-related wound by medical personnel during either of his tours in the RVN.  

4.  Absent any evidence confirming the applicant was wounded in action while serving in the RVN, it would not be appropriate or serve the interest of all those who served in the RVN and who faced similar circumstances to award the applicant the PH at this late date.

5.  The applicant and all others concerned should know this action related to award of the PH in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20110000344





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ABCMR Record of Proceedings (cont)                                         AR20110000344



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