IN THE CASE OF:	  

		BOARD DATE:  22 February 2012

		DOCKET NUMBER:  AR20110016172 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states, in effect, that he sustained wounds to one of his right toes and upper leg when a mortar round exploded in base camp while he was serving in the Republic of Vietnam in April 1968.  He had just arrived at a bunker when the mortar round exploded in his vicinity and knocked him down.  When he returned to his tent, he noticed his toe and leg were bleeding.  The medic patched him up and told the applicant he would submit paperwork for award of the Purple Heart.  He received orders for his discharge and "extract" that same day, but did not have time to follow up on the "extract" of the Purple Heart because of the time it took for the medic to submit the paperwork.  He was offered an opportunity to go home and chose to do so rather than wait on the red tape involved in getting orders for the Purple Heart.  At the time, it did not bother him because he was a young man who had done his duty for his Country and just wanted to get back to work and his car.  However, now that he is older and has a better understanding of the patriotic duty he performed, it is important to him to correct his record.

3.  He provides a letter from the National Adjutant of the Disabled American Veterans (DAV).



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.  His record shows he was inducted into the Army of the United States on 20 July 1966.  The highest rank/grade he attained while serving on active duty was specialist four/E-4.  On 20 June 1968, he was released from active duty under honorable conditions and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his reserve obligation.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 20 June 1967 through 19 June 1968.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he was not placed in a patient status at a medical treatment facility at any time during his period of service

5.  Item 40 (Wounds) of his DA Form 20 is blank.

6.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.

7.  The applicant's record contains a Standard Form 89 (Report of Medical History) [signed by the applicant] and a Standard Form 88 (Report of Medical Examination) rendered on 20 June 1968 at the time of his preseparation medical examination.  Neither of these documents indicates that he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Purple Heart.
9.  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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart.

10.  There is no evidence in the available record and he has not provided any evidence showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.

11.  His name does not appear on the Republic of Vietnam casualty roster.

12.  The applicant provides an unaddressed, undated letter from the National Adjutant of the DAV indicating the recipient was given a certificate from the DAV in recognition of their service to the Nation.  The recipient was also offered an opportunity to become a member of the DAV as long as they could establish they met the eligibility criteria.  The recipient was advised that if they felt they were eligible, based upon the membership criteria, they should submit a claim with the Veterans Administration through their nearest DAV National Service Officer.  The membership eligibility criteria is as follows:

* Awarded the Purple Heart
* Hospitalized or treated in service for a condition from which there is or may be some residual disablement
* Retired or discharged from service for, or because or disability

13.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his record be corrected to show he was awarded the Purple Heart was carefully considered.

2.  The letter from the National Adjutant of the DAV is duly noted.  However, this letter simply provides the membership eligibility criteria for the DAV and does not corroborate the applicant's request.

3.  There is no evidence in the available record and the applicant has not provided sufficient evidence which shows he sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action.  Accordingly, based on the foregoing there is insufficient evidence to award him 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)                                         AR20110016172





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ABCMR Record of Proceedings (cont)                                         AR20110016172



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