IN THE CASE OF:	  

		BOARD DATE:	  26 April 2012

		DOCKET NUMBER:  AR20110019936 


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 a mortar attack on 18 December 1968, while serving in the Republic of Vietnam.  He states he received shrapnel wounds to the right leg and ankle that were removed by a medic the following day.  The medic stated he would report the applicant’s wounds for award of the Purple Heart; however, it appears nothing made it into his medical records.

3.  The applicant provides a self-authored statement and two witness statements.

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 on 11 July 1967 for a period of
3 years.  He completed training and he was awarded military occupational specialty 63C (General Vehicle Repairman).  On 21 June 1968, he was honorably discharged for the purpose of immediate reenlistment.  On 22 June 1968, he reenlisted for a period of 6 years.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 23 August 1968 to 18 August 1969.  Item 40 (Wounds) contains the entry "received three (3) pieces of shrapnel in left leg from mortar on 18 December 1968."  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

4.  On 5 July 1974, he was honorably discharged at the completion of required active service.  The DD Form 214 he was issued at the time does not show award of the Purple Heart.

5.  The applicant’s Official Military Personnel File (OMPF) is void of orders or documents indicating he was wounded in action in the Republic of Vietnam.  It is also void of medical treatment records indicating he was ever treated for a combat-related wound.

6.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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.

8.  On 23 August 1994, the applicant requested assistance from a Member of Congress to receive award of the Purple Heart.  On 18 April 1995, his congressman received a reply from the Director, Veterans Services, U.S. Army Reserve Personnel Center, St. Louis, MO, which stated the applicant’s records failed to show he was wounded under the conditions required to authorize award of the Purple Heart.

9.  The applicant provides statements from two Soldiers.  One of the Soldiers states he remembers the applicant had a piece of shrapnel removed from his right leg.  The other Soldier states the applicant received visible shrapnel wounds to his right ankle and leg from mortar rounds.


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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart based on wounds received in the Republic of Vietnam on 18 December 1968 has been carefully considered.  However, there is insufficient evidence to support this claim.

2.  Notwithstanding the applicant’s supporting statements, by regulation, 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 wound must have required medical treatment by medical personnel, and this medical treatment must have been made a matter of official record.

3.  Although item 40 of the applicant’s DA Form 20 contains an entry that indicates he was wounded in action, the entry states the applicant received shrapnel in the left leg, not the right leg, as the applicant contends.  Further, the Purple Heart is not included in the list of earned awards in item 41, there are no orders or other documents in the applicant's OMPF that indicate he was ever awarded the Purple Heart by proper authority, or that he was ever treated for a combat-related wound by medical personnel during his tour in the Republic of Vietnam.

4.  The applicant's record contains no medical treatment records or other documents which 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.  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.

5.  The applicant and all others concerned should know this action in no way diminishes the sacrifices made by him 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)                                         AR20110019936



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ABCMR Record of Proceedings (cont)                                         AR20110019936



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