IN THE CASE OF:	  

		BOARD DATE:	    3 April 2012

		DOCKET NUMBER:  AR20110018271 


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:

* in February or March 1970, he hit a punji stick and he spent 1 week in the hospital
* poison was drained out of his left hand
* on 11 May 1970, he was getting bodies ready to get to the helicopter when an RPG round was fired
* he was hit by shrapnel in his right arm just above the elbow
* it was a small piece of shrapnel and he had other wounded to take care of so he forgot about his wound
* 40 years later after meeting his medic and commanding officer, he was asked if he got his Purple Heart
* in 1970, he did not even know what a Purple Heart was

3.  The applicant provides:

* DD Form 214 (Armed forces of the United States Report of Transfer or Discharge), dated 22 March 1971
* A letter from an individual who contends he was the applicant’s company commander, dated 27 August 2011
* A letter from an individual who contends he was the applicant’s medic, dated 28 August 2011

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 on 16 June 1969.  He completed training as a light weapons infantryman.  He arrived in Vietnam on 11 November 1969.  

3.  The applicant departed Vietnam en-route to the U.S. on 28 October 1970.  He was honorably released from active duty on 22 March 1971, to accept or return to employment of a seasonal nature.  His DD Form 214 shows he is authorized the following awards:

* Vietnam Service Medal with three bronze service stars
* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Air Medal
* Bronze Star Medal
* Combat Infantryman Badge
* Army Commendation Medal with “V” Device
* Marksman Marksmanship Qualification Badge with Rifle Bar

4.  A review of the applicant’s records does not show that he is authorized the Purple Heart.

5.  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 United States Army Human Resources Command failed to reveal any orders awarding him the Purple Heart.


6.  The applicant's name is not shown on the Vietnam Casualty Listing as a battle causality.

7.  The applicant submits statements from two individuals who contend they were his company commander and unit medic while he was in Vietnam.  Both individual substantiate his contention that he was wounded in March 1970 as a result of being struck by a punji stick, which resulted in him being hospitalized for 1 week.  Both individual also substantiate his contention that the applicant was wounded by shrapnel on 11 May 1970, the day after eight Soldiers were killed in action and some twenty Soldiers were wounded in action in Cambodia.  The company commander and the medic state that the applicant was treated by the medic for his shrapnel wound.  The company commander stated that the appropriate paperwork was not completed due to the pressing evacuation of the dead and the wounded and that he just recently discovered the applicant had not been awarded the Purple Heart.

8.  Army Regulation 600-8-22 (Military Awards) states 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.

9.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual is assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted.  His supporting evidence has been considered.

2.  However, the letters he submits are not sufficiently mitigating to warrant the requested relief.  

3.  In accordance with the applicable regulation, the authority to award the Purple Heart was delegated to hospital commanders.  Further, personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

4.  His official military record contains no evidence showing he was wounded as a result of hostile action while he was in the Army.  There are no orders in ADCARS awarding him the Purple Heart and his name is not shown on the Vietnam Casualty Listing as a battle causality.

5.  In view of the foregoing, the applicant’s request should be denied.

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)                                         AR20110018271





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ABCMR Record of Proceedings (cont)                                         AR20110018271



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