IN THE CASE OF:	  

		BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110005876 


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 was hit with by a large branch, knocking him out during an attack on a hill when an enemy mortar round hit a tree.  He states that he does not know the name of the medic who treated him at the time and that during the confusion of the battle he was bypassed for further treatment as he was soon walking around.

3.  The applicant provides a letter of support from a former comrade.

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 Army of the United States on
13 December 1965.  He completed training and he was awarded military occupational specialty 31B (infantry radio mechanic).

3.  His DA Form 20 (Enlisted Qualification Record) shows he performed duties as an infantry radio mechanic during his tour of duty in the Republic of Vietnam from 13 December 1966 to 29 November 1967.

4.  He was honorably released from active duty on 29 November 1967 as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 11 months, and 17 days of total active service.

5.  His records do not contain any evidence that indicate he was ever awarded the Purple Heart.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Armed forces of the United States Report of Transfer or Discharge) he was issued at the time of his separation does not show the Purple Heart.

7.  Item 40 (Wounds) of the applicant's DA Form 20 is blank.

8.  Item 41 (Awards and Decorations) does not show the Purple Heart.

9.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not contain the applicant's name.

10.  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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

11.  The applicant provided a letter of support from a former comrade of his unit while he was in Vietnam indicating that he served with the applicant in Vietnam.  He states he does not recall the specifics of the applicant's injury but he does recall something happening during their mission while facing heavy resistance.  He feels the applicant is well deserving of award of the Purple Heart


12.  Army Regulation 600-8-22 (Military Awards) provides 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.  The applicant describes how he was injured after a mortar round hit a tree, causing a large branch to hit him and knock him out.  However, there is no evidence in his available military personnel records nor sufficient corroborating evidence provided by him which shows he was wounded or injured as a result of hostile action, that the wound required treatment by medical personnel, and that the medical treatment was made a matter of official record.

2.  The applicant's DA Form 20 does not show he was wounded and his name is not listed on the Vietnam casualty listing.

3.  In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for such wounds, there is insufficient evidence upon which to base award of the Purple Heart.  As a result, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  



      ___________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)                                         AR20110005876



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ABCMR Record of Proceedings (cont)                                         AR20110005876



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