IN THE CASE OF:	  

		BOARD DATE:  20 March 2012

		DOCKET NUMBER:  AR20110019223 


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 his record be corrected to show award of the Purple Heart (PH).  

2.  The applicant states he was wounded in action in the Republic of Vietnam (RVN) and was awarded the PH.  However, he believes because his hardship discharge was pushed through, the paperwork for the PH was overlooked.  

3.  The applicant provides a self-authored letter, RVN combat certificate, and honorable discharge certificate 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 record shows the applicant enlisted in the Regular Army on 28 February 1969, and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 27July 1969 through 10 October 1970.  

3.  Item 40 (Wounds) of the DA Form 20 is blank and the PH is not included in the list of earned awards contained in item 41 (Awards and Decorations).  

4.  The Military Personnel Records Jacket (MPRJ) contains SFs 600 (Chronological Records of Medical Care) that show the applicant was treated for a fragment wound to his left thigh between 26 August and 28 September 1969.  These records contains no facts or circumstances surrounding how the applicant received the fragment wound and give no indication it was received as a result of enemy action.  A SF 89 (Report of Medical History) completed by the applicant on 5 February 1969 contains no comment from him regarding being wounded in action; and a SF 88 (Report of Medical Examination) completed on 5 February 1969 documenting his separation medical examination is also void of any indication of his being wounded in action. 

5.  On 10 October 1969, the applicant was honorably discharged, in the rank of private first class/E-3, by reason of hardship.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he completed 7 months and 15 days of active military service.  The PH is not included in the list of awards contained on the DD Form 214. 

6.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing fails to show the applicant's name as a casualty.  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 orders for the PH pertaining to the applicant.

7.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-8 contains guidance on the PH.  It states the PH is awarded to members wounded in action.  It also states in order to award the PH there must be evidence of the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment was made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the PH to his record and DD Form 214 has been carefully considered.  However, there is insufficient evidence to support this claim.  

2.  By regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a direct result of or caused by enemy action.  In this case, although it is clear the applicant was treated for a fragment wound in August and September 1969, while serving in the RVN, there is no evidence of record confirming this wound was received as a result of enemy action.   Item 40 of his DA Form 20 is blank, indicating he was never wounded as a result of enemy action, and the PH is not included in the list of awards contained in item 41.  

3.  Further, the applicant’s name is not listed on the Vietnam Casualty Roster and there are no orders or other documents indicating he was ever recommended for or awarded the PH by proper authority while serving in the RVN.  As a result, absent evidence the fragment wound received by the applicant was the result of enemy action, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.  Therefore, it would not be appropriate or serve the interest of all those who served in the RVN who faced similar circumstances to add the PH to his record at this late date.  

4.  The applicant and all others concerned should know this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  

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)                                         AR20110019223



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ABCMR Record of Proceedings (cont)                                         AR20110019223



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