BOARD DATE:	  9 February 2012 

		DOCKET NUMBER:  AR20110015732 


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 correction of his records to show he was wounded in action in Vietnam and that he was awarded the Purple Heart.

2.  The applicant states that he was assigned to Headquarters and Headquarters Company, 1st Battalion, 12th Infantry, 4th Division in Vietnam and he sustained a shrapnel wound while in combat in July 1970.  His commanding officer put him in for the Purple Heart, but the award is not shown on his separation document.

3.  The applicant provides a copy of his 23 August 1976 DD Form 214 (Report of Separation from Active Duty) in support of his request.

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 (RA) on 18 March 1969 for a period of 3 years.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service):  Vietnam from 18 May 1970 through 19 April 1971;

	b.  item 9 (Awards, Decorations and Campaigns):  no listing of the Purple Heart; and

	c.  items 35 and 38 (Record of Assignments):

* Headquarters and Headquarters Company, 1st Battalion, 12th Infantry, 4th Division, from 2 June through 11 November 1970
* Headquarters and Headquarters Battery, 1st Battalion (Airmobile), 321st Artillery, 101st Airborne Division, from 12 November 1970 through 16 April 1971
	
4.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant entered active duty on 18 March 1969 and he was honorably discharged on 28 July 1971 to reenlist.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show the Purple Heart.

5.  The applicant reenlisted in the RA on 29 July 1971 for a period of 5 years.

6.  A DD Form 214 shows the applicant entered active duty this period on
29 July 1971 and he was honorably discharged on 23 August 1976.  Item 26 (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.  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 applicant's statement is non-specific as to the date of his injury.

	b.  He provides no corroborating medical records regarding his claim.

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

   a.  There is no record of medical treatment to satisfy the strict requirement for award of the Purple Heart.

   b.  In addition, the applicant's name is not listed on the Vietnam casualty listing and there is no evidence the applicant was awarded the Purple Heart.

3.  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 or as a result of a hostile act of the enemy.  The available evidence fails to satisfy this requirement.

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


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)                                         AR20110015732



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ABCMR Record of Proceedings (cont)                                         AR20110015732



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