IN THE CASE OF:	  

		BOARD DATE:	  12 January 2012

		DOCKET NUMBER:  AR20110014555 


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 (PH).

2.  The applicant states he should be awarded the PH for injuries he sustained during a rocket attack in the Republic of Vietnam (RVN).  He claims he was hospitalized for a week and medically evacuated to the United States because he could no longer carry out the mission.  He states on 23 January he was thrown from an 8 inch gun and suffered bleeding from his ears and injuries to his leg and back.  He states the Army changed his military occupational specialty (MOS) because of his injuries. 

3.  The applicant provides the following documents in support of his application:

* Standard Form (SF) 519A (Radiographic Report), dated 10 April 1968
   SF 513 (Consultant Sheet), dated 15 May 1968
* SF 600 (Chronological Record of Medical Care), dated 27 January 1969
* Section D, Medical Board Proceedings, dated 30 November 1971
* Department of Veterans Affairs (DVA) doctor’s letter, dated 
24 November 2009




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 initially enlisted in the Regular Army on 20 July 1964 and was trained in and awarded MOS 13B (Field Artillery Crewman).  He was honorably discharged for the purpose of immediate reenlistment on 5 October 1966, and reenlisted for 6 years on 6 October 1966.  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 24 February 1968 through 15 February 1969. 

4.  Item 38 (Record of Assignments) of the DA Form 20 shows that during his RVN tour the applicant was assigned to Battery C, 2nd Battalion, 9th Artillery Regiment, performing duties in MOS 13B as a gunner from 12 March 1968 through 26 September 1968; and with Battery D, 5th Battalion,16th Artillery Regiment, from 27 September 1968 through 15 February 1969, performing duties in MOS 13B as a section chief.  There is no indication the applicant was medically evacuated from the RVN to the United States.  

5.  Item 40 (Wounds) of the DA Form 20 contains no entries and the PH is not included in the list of earned awards listed in item 41 (Awards and Decorations).  Item 48 (Date of Audit) shows the applicant last audited the DA Form 20 on 
31 July 1972.  

6.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of orders or documents indicating he was wounded in action in the RVN.  It is also void of medical treatment records indicating he was treated for a combat-related wound.



7.  On 5 October 1972, the applicant was honorably discharged, in the rank of staff sergeant, by reason of expiration of term of service, after completing 
8 years, 2 months, and 16 days of active military service.  The DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during the period covered by the DD Form 214:

* Vietnam Service Medal with 3 bronze service stars
* RVN Campaign Medal
* Army Good Conduct Medal
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

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

9.  A review of the 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.  The applicant provides medical treatment records that indicate he was treated for a severe ankle sprain and bleeding from the ears between 27 January and 15 May 1969.  The medical treatment records fail to verify the wounds were related to enemy action.  He also provides a page from medical board proceedings, dated 30 November 1971, that indicates his continued performance in MOS 13B would unduly aggravate his medical condition.  It also indicates he was deployable within his medical profile.  In addition, he provides a DVA doctor’s letter, dated 24 November 2009, which indicates he had a traumatic event in the RVN.  None of these documents independently confirm the applicant’s injuries were received as a direct result of or caused by enemy action. 

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




DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to be awarded the PH has been carefully considered.  However, there is insufficient evidence to support this claim.  By regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by medical personnel, and a record of the medical treatment must have been made a matter of official record. 

2.  The applicant’s record is void of any entries or documents corroborating his claim that he was wounded in action in the RVN, or that shows he was treated for a combat-related wound by medical personnel while serving in the RVN.  Item 40 of his DA Form 20 contains no entries indicating he was wounded in action, and there is no entry pertaining to the applicant on the Vietnam casualty listing, the official DA list of RVN casualties.  Notwithstanding the assertions of the applicant, the medical treatment records and doctor’s statements he provides fail to confirm his ankle and ear injuries were received as a result of enemy action.  

3.  Further, there is no evidence of record corroborating his claim that he was wounded as a result of enemy action.  Absent any evidence of record corroborating the applicant’s claim his ankle and ear injuries were received as a result of enemy action in the RVN, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case. 

4.  The applicant and all others concerned should know this action related to award of the PH 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)                                         AR20110014555



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110014555



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1