IN THE CASE OF:	  

		BOARD DATE:	  6 October 2011

		DOCKET NUMBER:  AR20110007970 


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, in effect, award of the Purple Heart for a shrapnel wound he received in Cambodia during the Vietnam War.

2.  The applicant states he received a shrapnel wound to his left wrist while serving on active duty in Cambodia during the Vietnam War.  He states he was injured due to combat and he should be entitled to award of the Purple Heart.  The Department of Veterans Affairs (VA) has awarded him 20-percent disability for this injury.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a VA Rating Decision, dated 16 June 2010.

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 July 1969, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  On or about 16 December 1969, the applicant departed the United States for duty in the Republic of Vietnam (RVN).

	a  On 17 January 1970, the applicant was assigned for duty with Company B, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division.

	b.  On 7 June 1970, the applicant was medically evacuated to the 249th General Hospital.

4.  On 18 June 1970, the applicant was assigned as a patient to the Medical Holding Company, Walter Reed Army Medical Center.

5.  On 27 July 1970, the applicant was reassigned for duty at Fort Lewis, Washington.  A month later, he was reassigned to Fort Benning, Georgia.

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank.

7.  Except for the following two documents, the applicant's service medical records are not available for review.

	a.  Standard Form 89 (Report of Medical History), dated 4 March 1971, reports that he had an operation on his left wrist for nerve damage, but it does not provide any information as to how or when the damage occurred.

	b.  Standard Form 88 (Report of Medical Examination), dated 4 March 1971, reports that minimal sensory palsy to his left wrist was returning.  It does not mention how or when he received this condition, but does make a reference to an orthopedic consultation which is not available for review.

8.  On 30 July 1971, the applicant was honorably released from active duty.  He had attained the rank of specialist four/pay grade E-4 and had completed 1 year, 11 months, and 29 days of creditable active duty service.

9.  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
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with M-14 and 
M-16 Rifle Bars
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge (1st Award)

10.  The applicant's name is not listed on the Vietnam casualty roster.

11.  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.

12.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force or any civilian national 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 United States.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.

13.  The VA Rating Decision provided by the applicant indicates the VA has awarded him a 20-percent medical disability based on his service in the RVN and an "evaluation of residuals, shell fragment wound, left wrist."  However, the decision does not provide any information as to how or when he received this disabling medical condition.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart for a shrapnel wound he received in Cambodia during the Vietnam War.

2.  Item 40 of his DA Form 20 does not show any record of wounds received in action.  The applicant's name is not listed on the Vietnam casualty roster.  There are no available general orders showing the applicant was awarded the Purple Heart.

3.  The VA determination that the applicant incurred a service-connected medical condition rated at 20-percent disabling does not sufficiently substantiate that he received this injury as a direct result of enemy action.

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 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)                                         AR20110007970



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ABCMR Record of Proceedings (cont)                                         AR20110007970



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