BOARD DATE:	  19 July 2011

		DOCKET NUMBER:  AR20110000504 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states he was wounded in his right hand when an enemy round struck his rifle and sent debris into his right hand.

3.  The applicant provides a copy of his DD Form 214 and a letter of support from a former Solder.

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 31 August 1966, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 11B1P (Light Weapons Infantryman with parachutist qualification).

3.  On 16 February 1967, the applicant departed Fort Benning, Georgia, for duty in the Republic of Vietnam (RVN).

	a.  He was subsequently assigned as a rifleman with Company B, 2nd Battalion (Airborne), 327th Infantry Regiment.

	b.  He departed the RVN on or about 14 February 1968, as a patient, en-route to the Medical Holding Company at Fort Devens, Massachusetts.  The record makes no mention of the circumstances surrounding his need to be evacuated.

4.  On 19 May 1968, the applicant was assigned for duty at Fort Benning, Georgia.

5.  On 29 August 1969, the applicant was released from active duty.  He had attained the rank of private first class, pay grade E-3, and had completed 
2 years, 11 months, and 29 days of creditable active duty service.

6.  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 Service Medal with two bronze service stars
* Vietnam Campaign Medal with 1960 Device
* Expert Marksmanship Qualification Badge with Rifle Bar
* Combat Infantryman Badge
* Parachutist Badge

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

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

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

	b.  Item 41 (Awards and Decorations): Parachutist Badge, Vietnam Service Medal, Combat Infantryman Badge, and the Vietnam Campaign Medal.

9.  The applicant's service medical records are not available for review.

10.  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.

11.  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.

12.  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.

13.  The letter of support written by a former Soldier and dated 27 August 2010, states that the applicant was hit at chest level by an enemy round that deflected off of his rifle and imbedded debris into his right hand.  The letter further relates how his wound was not serious enough to require his evacuation for medical treatment.  Such medical care was left to the field medic.

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.

2.  There are no available general orders awarding the applicant the Purple Heart.  The Vietnam Casualty Roster does not contain the applicant's name.  The applicant's DA Form 20 does not contain any entries indicating he received a wound while in action.

3.  The letter of support states that the applicant's wound was not serious enough to require his evacuation.  Accordingly, there is no available record of medical treatment.  The criteria for award of the Purple Heart specify the wound(s) 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)                                         AR20110000504





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ABCMR Record of Proceedings (cont)                                         AR20110000504



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