IN THE CASE OF:	  

		BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20110002634 


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.  The applicant states he suffered shrapnel wounds on his right buttock and left wrist while serving in combat with Company C, 2nd Battalion, 502nd Infantry, 101st  Airborne Division in the Republic of Vietnam (RVN).  He was treated at Camp Eagle, but never awarded the Purple Heart for either wound.

3.  The applicant provides copies of award documents for the Air Medal, Bronze Star Medal, two Army Commendation Medals, and his discharge orders.

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 was inducted into the U.S. Army for a period of 24 months on
5 December 1967.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he served in the RVN from 9 July 1968 through 8 July 1969;

	b.  item 38 (Record of Assignments) he was assigned to Company C,
2nd Battalion (Airmobile), 502nd Infantry, 101st  Air Cavalry Division, from
14 July 1968 through 2 July 1969;

	c.  item 40 (Wounds) no entry (blank); and

	d.  item 41 (Awards and Decorations) no listing of the Purple Heart.

4.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on
8 July 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

	a.  He completed 1 year, 7 months, and 4 days of net active service this period, including 1 year of foreign service in the RVN.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show the Purple Heart.

5.  A review of the applicant's military personnel records failed to reveal any evidence he was authorized or awarded the Purple Heart.

6.  The Vietnam casualty listing does not show the applicant's name.

7.  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 orders for the Purple Heart pertaining to the applicant.


8.  In support of his application, the applicant provides the following documents:

   a.  An Air Medal certificate and citation that show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial combat assault into hostile territory in the RVN on 4 August 1968.  The citation does not indicate that the applicant was wounded in action during the operation.

   b.  A Bronze Star Medal certificate and citation that show the applicant was awarded the Bronze Star Medal for meritorious achievement while participating in ground operations against a hostile force in the RVN for the period 1 August 1968 to 31 March 1969.  The citation does not indicate that the applicant was wounded in action during this period of service.

   c.  Headquarters, 101st Airborne Division, General Orders Number 5289, dated 24 May 1969, and an Army Commendation Medal certificate that show the applicant was awarded the Army Commendation Medal with "V" Device for heroism in the RVN on 1 January 1969.  The citation in the orders does not indicate that the applicant was wounded in action during the operation.

   d.  An Army Commendation Medal certificate, dated 9 April 1969, that shows the applicant was awarded the Army Commendation Medal for meritorious achievement in the RVN for the period 1 October 1968 to 28 February 1969.  The certificate does not indicate that the applicant was wounded in action during this period of service.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The Purple Heart is awarded to any member who was wounded or killed in action.
A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Purple Heart because he was wounded while serving in the RVN when he sustained shrapnel wounds to his right buttock and left wrist.



2.  The applicant's claim was carefully considered.

   a.  The award documents the applicant provides in support of his claim offer no evidence that he was wounded in action.

   b.  There is no evidence of record to show he was wounded in action in the face of the armed enemy or as a result of a hostile act of such enemy.

   c.  There is no record of medical treatment of such a wound or injury.

   d.  The applicant's name is not listed on the Vietnam casualty listing and there is no evidence the applicant was awarded the Purple Heart.

3.  The sincerity of the applicant's claim is not in question.  However, in order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made was sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy, the wound required treatment by medical personnel, and the medical treatment for the wound or injury must have been made a matter of official record.  The available evidence fails to satisfy the criteria.

4.  In view of all of the foregoing, there is insufficient evidence to support the applicant's claim to the Purple Heart.

5.  The applicant and all others concerned should know this action 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)                                         AR20110002634



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ABCMR Record of Proceedings (cont)                                         AR20110002634



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