BOARD DATE:	  18 January 2012

		DOCKET NUMBER:  AR20110013482 


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 and correction of his records to show he was wounded in action in Vietnam.

2.  The applicant states that he was assigned to Headquarters Company,
116th Combat Engineer Battalion, and stationed at Bao Loc, South Vietnam from September 1968 to August 1969.  Based on his experience in Vietnam regarding how medals were awarded to some Soldiers who were not deserving of them, he grew disgusted with matters relating to awards and decorations.

	a.  On the evening of 9 May 1969, his camp came under small arms and mortar fire.  He was in one of the guard towers and he was afraid that it would receive a direct hit from enemy fire.  As he turned to get out of the tower he fell, landed on the ground, and injured his ankle.  Despite his injury, he engaged the attacking forces.

	b.  After the firefight, he was so exhausted that he limped back to his quarters and went to bed.  The next morning, his ankle was swollen and he discovered a small piece of shrapnel in his left side, which he removed.

	c.  He went to the medics and reported his ankle injury, but failed to report the shrapnel wound because of his feelings about awards and decorations.

	d.  On 13 May 1969, he received follow-up treatment for his sprained ankle.


	e.  His injury was treated by a medical officer and the treatment was made a matter of official records, which meets the criteria for the Purple Heart.

3.  The applicant provides a self-authored statement, the Purple Heart criteria, photograph, and a medical record.

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 enlisted in the Army National Guard (ARNG) on 26 March 1966.

3.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 17 December 1966 shows he was ordered to active duty for training (ACDUTRA) on 25 July 1966, he was honorably released from ACDUTRA, and he returned to his Idaho ARNG (IDARNG) unit.  It also shows he completed 4 months and 23 days of total active service and that he was awarded military occupational specialty 05B (Radio Operator).

4.  The applicant's unit was involuntarily ordered to active duty on 13 May 1968 for a period of 2 years.

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

	a.  item 31 (Foreign Service) he served in Vietnam from 11 September 1968 through 25 August 1969;

	b.  item 38 (Record of Assignments) he was assigned to Headquarters Company, 116th Engineer Battalion, in Vietnam from 11 September 1968 through 4 September 1969;


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

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

6.  The applicant's DD Form 214 for the period ending 5 September 1969 shows he was honorably released from active duty and he was transferred to his IDARNG unit to complete his Reserve obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show the Purple Heart.

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

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

9.  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.

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

	a.  Standard Forms (SF) 600 (Health Record - Chronological Record of Medical Care) that show on:

		(1)  10 May 1969, he was seen for a sprained ankle, treated, and returned to duty; and

		(2)  13 May 1969, he was seen again for a sprained right ankle, treated, and given limited duty (no running or jumping for 1 week).

	b.  a copy of a photograph of a Soldier [the applicant] standing near a tower and the handwritten caption "tower where I was stationed on May 9, 1969 when bombing begin [sic]."

11.  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's claim to the Purple Heart was carefully considered.

	a.  The medical record the applicant provides shows he was initially seen by medical personnel for a sprained ankle on 10 May 1969 and again for follow-up care on 13 May 1969.

	b.  The applicant acknowledges, at the time, he did not report that the ankle injury was the result of enemy action.  In fact, the medical record is silent on the cause of the ankle injury.  Thus, this medical record is insufficient to satisfy the strict requirements for award of the Purple Heart.

	c.  There is no evidence of record that the applicant was wounded or injured in action in the face of the armed enemy or as a result of a hostile act of such enemy.

	d.  In addition, the applicant's name is not on the Vietnam casualty listing.

2.  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 available evidence fails to satisfy this requirement.

3.  In view of all of the foregoing, there is an insufficient evidentiary basis to support the applicant's claim to the Purple Heart.

4.  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)                                         AR20110013482



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ABCMR Record of Proceedings (cont)                                         AR20110013482



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