IN THE CASE OF:	  

		BOARD DATE:	  29 May 2012

		DOCKET NUMBER:  AR20110019329 


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 service personnel records to show award of the Purple Heart.

2.  The applicant states, in effect, that he was not recognized for the wounds he received while in combat in the Republic of Vietnam (RVN).  The applicant further states that he was awarded the Combat Infantryman Badge (CIB) and that he is providing a letter of support from his former fellow platoon leader who will verify he was wounded in combat in the RVN.

3.  The applicant provides a letter, dated 23 March 2007.

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 8 April 1968.  He successfully completed basic training and advanced individual training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).

3.  The applicant arrived in the RVN and was assigned to E Company, 4th Battalion, 12th Infantry, 199th Infantry Brigade on 9 September 1968.  On 
26 August 1969, the applicant departed the RVN.

4.  On 7 April 1970, the applicant was honorably released from active duty after completing 2 years of creditable active service.

5.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* RVN Campaign Medal with Device (1960)
* Army Commendation Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  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.

7.  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.

8.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human 
Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any award of the Purple Heart orders on file for the applicant.

9.  The applicant provided a letter of support, dated 23 March 2007, from his former platoon leader.  The author states that the applicant had been under his command during the months of July and August 1969, while serving as a 


reconnaissance squad leader.  The author described the unit’s mission and the applicant’s responsibilities as a reconnaissance squad leader.  The author continued to explain how their team engaged the enemy forces.  The author further stated, “Although Sergeant C_____ was slightly wounded on one occasion, he was treated by our medic, as he preferred to stay in the field with his men and was not seen by the Battalion Surgeon.  The proximity however of detonating artillery rounds, claymore mines, machine gun and small arms fire, I am sure effected [sic] his hearing as he reported severe ringing in his ears and periods of deafness following enemy contact.” 

10.  Army Regulation 600-8-22 (Military Awards) states 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 applicant's request for award of the Purple Heart was carefully considered and it was determined there is insufficient evidence to support this request.

2.  In order to support award of the Purple Heart, the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action.  The member must have required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record.

3.  The applicant's record contains no medical treatment records or other documents that confirm the applicant was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the Republic of Vietnam.  

4.  It is noted that the applicant provided a letter of support which indicates that he was wounded in action and treated for his wounds.  Unfortunately, this statement is not sufficient evidence to support the request for award of the Purple Heart.

5.  The regulatory burden of proof necessary to support award of the Purple Heart has not been met; therefore, it would not be appropriate to award the applicant 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 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)                                         AR20110019329





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ABCMR Record of Proceedings (cont)                                         AR20110019329



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