IN THE CASE OF:	  

		BOARD DATE:	  8 December 2011

		DOCKET NUMBER:  AR20110012561 


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 wounded by mortar shrapnel from enemy fire while serving in the Republic of Vietnam.

3.  The applicant provides a VA Form 21-6782 (Original Disability Compensation) and a self-authored statement.

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's record shows he was inducted into the Army of the United States on 19 February 1969.  The applicant completed basic combat and advanced individual training and he was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 6 October 1969 through 4 October 1970.  Item 40 (Wounds) is blank and the Purple Heart is not included in the list of awards in item 41 (Awards and Decorations).  

4.  On 4 October 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  On 1 February 1975, he was honorably discharged from the U.S. Army Reserve Control Group (Standby).

5.  The applicant's official military personnel file contains no medical records showing he was wounded in action or treated for a wound received as a result of enemy action.

6.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster.  The applicant's name is not included on this roster.

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 any orders for the Purple Heart.

8.  The applicant provides a self-authored statement which describes the applicant receiving incoming mortar rounds from the enemy.  Later, the applicant noticed he received a five or six inch open wound which required him to receive treatment from a medic at the aid station.  He further states after the medic cleaned and stitched the wound he was ordered by the medic to go to China Beach where he states he remained for seven to ten days before returning to his unit.  He also provides VA Form 21-6782 which shows he received a service-connected disability award of ten percent for a scar in the right upper quadrant, residual of laceration.

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

1.  The applicant's request for award of the Purple Heart was carefully considered and it was determined there is insufficient evidence to support this request.

2.  In order to support award of the Purple Heart, 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 member must have required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record.

3.  The applicant's service in the Republic of Vietnam is not in question.  Additionally, the sincerity of the applicant is also not in question.  However, there is no evidence in the applicant's service personnel records that show he was wounded or injured as a result of hostile action and/or treated for such wounds. In this case, item 40 of the applicant’s DA Form 20 is blank indicating he was not wounded in action.  In addition, his name is not included on the Vietnam casualty listing, the official Department of the Army list of Republic of Vietnam battle casualties.  The regulatory burden of proof necessary to support award of the Purple Heart has not been met; therefore, it would not be appropriate to award the applicant the Purple Heart.

4.  The applicant and all others concerned should 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.

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)                                         AR20110012561



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110012561



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1