IN THE CASE OF:	  

		BOARD DATE:	 6 March 2012 

		DOCKET NUMBER:  AR20110017377 


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.

2.  The applicant states he was wounded in action in Vietnam and never received the Purple Heart.

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 2 May 1970
* DD Form 2658 (Health Record – Abstract of Service), dated from 8 November 1968 to 14 April 1969
* letter from the U.S. Army Human Resources Command (HRC) Awards and Decorations Branch, dated 10 August 2011
* letter of response to the HRC Awards and Decorations Branch, undated

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 was inducted into the Army of the United States on 19 August 1968.  He successfully completed basic training and advanced individual training and was awarded military occupational specialty 63B (Wheel Vehicle Mechanic).

3.  The applicant arrived in Vietnam and was assigned to 557th Light Equipment Maintenance (LEM) Company on 28 May 1969.  On 20 September 1969, he was reassigned to the 136th LEM Company.  On 27 April 1970, the applicant departed Vietnam.

4.  The applicant's DA Form 2658 for the period 8 November 1968 to 14 April 1969 states, "EM [enlisted man] Wounded in Action on Date Indicated."  However, no date is ascribed to this entry.  His assigned unit is shown as the 2nd Squadron, 1st Cavalry Regiment, 9th Infantry Division.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the applicant was wounded and item 41 (Awards and Decorations) does not show award of the Purple Heart.

6.  Item 39 (Identifying Body Marks, Scars, Tattoos) of the applicant's Standard Form 88 (Report of Medical Examination), dated 2 May 1970, shows no abnormalities.

7.  The applicant's Standard Form 89 (Report of Medical History), dated 2 May 1970, shows the purpose of the medical examination as "separation" and he stated he was in "good" health.  Item 33 (Have you ever had any illness or injury other than those already noted?) shows he indicated "no."

8.  On 2 May 1970, the applicant was honorably released from active duty after completing 1 year, 8 months, and 14 days of creditable active service.

9.  The applicant's DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge (M-14) Rifle
* Expert Marksmanship Qualification Badge (M-16) Rifle
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

10.  There are no general orders in the applicant's service personnel records that show he was awarded the Purple Heart.  There also is no evidence in his service personnel records that shows he was wounded in action or treated for wounds as a result of hostile action in Vietnam.  The applicant's name is not listed on the Vietnam casualty roster.

11.  On 10 August 2011, the HRC Awards and Decorations Branch denied the applicant's request for award of the Purple Heart.

12.  In a letter of response to the HRC Awards and Decorations Branch, the applicant states he was assigned to the 136th Light Equipment Maintenance (LEM) Company and attached to the 2nd Squadron, 1st Cavalry Regiment.  He states he has no idea what servicing medical unit treated him for his injuries or the date or name of the place where he was wounded.  He remembers waking up and hearing nothing but a loud ringing in his head while his unit was on another support convoy.  He could see what was going on but just could not put it all together.  He received a concussion and still carries the evidence on the top of his head along with shrapnel fragments to his back.  After 2 days, he returned to duty.

13.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The DA Form 2658 submitted by the applicant indicates he was wounded in action while assigned to the 2nd Squadron, 1st Cavalry Regiment, 9th Infantry Division.  Unfortunately, no date is ascribed to this entry.

2.  In the absence of additional military documentation showing the applicant was wounded in action or treated for wounds as a result of hostile action on a specific date that corroborates the DA Form 2658, there is insufficient basis for awarding him the Purple Heart in this case.


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 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)                                         AR20110017377



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ABCMR Record of Proceedings (cont)                                         AR20110017377



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