BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110013013 


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, correction of his military records to show award of the Purple Heart for a concussion/mild traumatic brain injury he received in action in the Republic of Vietnam (RVN).

2.  The applicant states the Purple Heart was omitted from his military records and he authorizes access to his records on file with the Department of Veterans (VA) Affairs.

3.  The applicant provides a copy of a news article from the Bayonet, Fort Benning, Georgia, dated 25 May 2011, announcing recent Army policy allowing Soldiers to receive the Purple Heart for concussions and mild traumatic brain injuries not resulting in loss of consciousness.

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 14 February 1969, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 62F (Crane Operator).

3.  On 19 June 1969, the applicant departed Fort Leonard Wood, Missouri, for duty in the RVN.

	a.  On 20 July 1969, the applicant was assigned for duty with the 557th Engineer Company, 31st Engineer Battalion.

	b.  On 8 August 1971, the applicant departed the RVN.

	c.  On 4 October 1971, the applicant was assigned as a heavy truck driver at Fort Rucker, Alabama.

4.  On 12 November 1971, the applicant was released from active duty.  He attained the rank of specialist five/pay grade E-5 and completed 2 years, 8 months, and 29 days of creditable active duty.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists his awards as:

* National Defense Service Medal
* RVN Vietnam Campaign Medal with Device (1960)
* RVN Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

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

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

8.  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.

9.  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.

10.  The applicant's service medical records are not available for review.  It is believed his medical records are on permanent loan to the VA.

11.  The newspaper article provided by the applicant reports the Secretary of the Army approved a policy on 29 April 2011 allowing Soldiers to receive the Purple Heart for concussions and mild traumatic brain injuries not resulting in a loss of consciousness retroactive to September 2001.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart for injuries he received in action in the RVN.

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

3.  The applicant's service medical records are not available.  The applicant has not provided any documentation, explanation, or argument concerning when, where, or under what circumstances he believes he was wounded or injured as a result of enemy action.

4.  The recent Army policy allowing Soldiers to receive the Purple Heart for concussions and mild traumatic brain injuries not resulting in loss of consciousness is retroactive to September 2001.  The applicant was released from active duty on 12 November 1971; therefore, the new policy does not apply to him.

5.  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)                                         AR20110013013



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ABCMR Record of Proceedings (cont)                                         AR20110013013



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