IN THE CASE OF:	  

		BOARD DATE:	  19 January 2012

		DOCKET NUMBER:  AR20110014747 


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 is requesting award of the PH for an injury he received in a combat situation in the Republic of Vietnam (RVN) that required hospitalization.  

3.  The applicant provides a self-authored statement in support of his application. 

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 Regular Army, on 31 March 1970, and he was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 31 August 1970 through 30 August 1971.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to the Company A, 1st Battalion, 20th Infantry Regiment, performing duties in MOS 11B as a rifleman.  Item 40 (Wounds) is blank and the PH is not included in the list of awards contained in item 41 (Awards and Decorations).  

4.  The applicant’s Military Personnel Records Jacket 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.

5.  On 21 January 1972, the applicant was honorably released from active duty after completing 1 year, 9 months, and 21 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he earned the following awards: 

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars 
* RVN Campaign Medal 
* Army Commendation Medal with “V” (Valor) Device
* Combat Infantryman Badge
* Bronze Star Medal 
* Expert Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  During the review of this case, a member of the Boards staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This roster does not contain an entry pertaining to the applicant.  

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 United States Army Human Resources Command also failed to reveal any orders for the PH pertaining to the applicant.



8.  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.  By the applicant’s own admission, his injury was the result of him accidently falling and it was not caused by enemy action.  His 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 ever treated for a combat-related wound by medical personnel while serving in the RVN.  Item 40 of his DA Form 20 is blank which indicates he was never wounded in action.  Further, there is no entry pertaining to the applicant on the Vietnam casualty listing, the official DA list of RVN casualties.  Absent any evidence the applicant was wounded as a result of enemy action while serving in the RVN, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case. 

3.  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)                                         AR20110014747



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ABCMR Record of Proceedings (cont)                                         AR20110014747



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