IN THE CASE OF:	   

		BOARD DATE:	      26 April 2012

		DOCKET NUMBER:  AR20110022015 


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 (PH) for injury to his right hand while in Vietnam.  

2.  The applicant states:

* He caught shrapnel to right hand in the Republic of Vietnam (RVN) in approximately 1968 or 1969, three months prior to leaving 
* He was young and did not realize the significance of a PH
* His sergeant offered to put him in for the PH, but never got around to it  

3.  The applicant provides a statement 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 applicant enlisted in the Regular Army on 28 November 1967 and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he earned the following awards during this period of active duty service:

* National Defense Service Medal (NDSM)
* Bronze Star Medal (BSM)
* Army Commendation Medal (ARCOM) 
* Vietnam Service Medal (VSM) 
* RVN Campaign Medal (RVNCM) with 1960 Device
* Good Conduct Medal 
* Combat Infantryman Badge
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of orders or documents indicating he was wounded in action in the RVN.  It is also void of medical treatment records indicating he was ever treated for a combat-related wound.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank, and the PH is not included in the list of earned awards in item 41 (Awards and Decorations).

5.  During the processing of this case, a staff member of the Board reviewed the
Department of the Army (DA) Vietnam Casualty Roster.  The applicant's name was not included on the roster.  

6.  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 any orders for the PH pertaining to the applicant.

7.  The applicant provides a statement indicating:

* He was a member of the 101st Airborne
* He was deployed to the RVN and served one year 
* He was wounded by shrapnel in the right hand
* He later reinjured his hand and it became infected 
* 
He was medical evacuated to the rear for treatment
* He was once again offered a PH which he declined 

8.  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 be awarded the PH based on wounds received in the RVN in 1968 or 1969 has been carefully considered.  However, there is insufficient evidence to support this claim.  

2.  By regulation, in order to support award of the PH 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.  Item 40 of the applicant’s DA Form 20 is blank, and the PH is not included in the list of earned awards in item 41.  Further, there are no orders or other documents in the applicant's MPRJ that indicate he was ever awarded the PH by proper authority, or that he was ever treated for a combat-related wound by medical personnel during his tour in the RVN, nor does his name appear in ADCARS.

4.  Absent any evidence confirming the applicant was wounded in action while serving in the RVN, it would not be appropriate or serve the interest of all those who served in the RVN and who faced similar circumstances to award the applicant the PH at this late date.

5.  The applicant and all others concerned should know this action related to award of the PH 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)                                         AR20110000344



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ABCMR Record of Proceedings (cont)                                         AR20110022015



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