IN THE CASE OF:	  

		BOARD DATE:  6 March 2012

		DOCKET NUMBER:  AR20110017320 


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 award of the Purple Heart.

2.  The applicant states he was in the U.S. Army from 1969 to 1971 and served in Vietnam.  He received the Purple Heart; however, he has no documentation for the award and it is not recorded on his separation document.  He requests a review and correction of his records so he may receive veteran benefits.

3.  The applicant provides no additional documentary evidence 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 (RA) on 1 February 1968 for a period of 3 years.

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

	a.  item 31 (Foreign Service):  Vietnam from 18 March 1969 to 10 March 1970;

	b.  item 38 (Record of Assignments):  38th Base Post Office from 22 March 1969 through 9 March 1970;

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

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

4.  A Standard Form (SF) 600 (Chronological Record of Medical Care), dated
2 January 1970, shows the applicant injured his left hand on 1 January 1970 when he fell down.  He experienced swelling, tenderness, and difficulty in extending the fifth finger.  The doctor directed x-ray of the applicant's left hand.

5.  An SF 89 (Report of Medical History), completed by the applicant on the occasion of his separation physical examination on 24 November 1970, shows in item 39 (Physician's Summary and Elaboration of All Pertinent Data) that the examining doctor wrote:  "January 1969 [sic] - fractured 5th metacarpal on left hand; still hurts, occasional pain."

6.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant entered active duty on 1 February 1968, was honorably released from active duty on 29 January 1971, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to compete his Reserve obligation.  

   a.  He completed 2 years, 11 months, and 29 days of active service that included 11 months and 24 days of foreign service.

	b.  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.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  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 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.

   c.  His medical records show he injured his left hand in Vietnam when he fell down on 1 January 1970.

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.  In addition, there is no record of medical treatment to satisfy the strict requirement for award of the Purple Heart.

   b.  Moreover, 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 or injury 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)                                         AR20110017320



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ABCMR Record of Proceedings (cont)                                         AR20110017320



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