IN THE CASE OF:	  

		BOARD DATE:  29 May 2012

		DOCKET NUMBER:  AR20110023026 


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 the medical specialist who treated him would not do a medical report for the wound.  The wound was minor and he was not evacuated from the field.  He did not pursue the medal because that issue was not on his mind at the time. 

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Self-authored statement
* Statement from his wife
* Statements from former unit members

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 5 January 1967 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 11 July 1967 to 8 July 1968.  He was assigned to Company A, 1st Battalion, 327th Infantry (Airmobile).

3.  He was honorably released from active duty on 18 December 1969 and transferred to the U.S. Army Reserve.  His DD Form 214 does not list the Purple Heart. 

4.  Nothing in six typical sources confirm he was wounded in action and/or treated for a combat injury/wound:

* Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect a combat wound or injury
* Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.
* His records do not contain general orders authorizing him award of the Purple Heart 
* His name is not shown on the Vietnam casualty roster
* His medical records are not available for review with this case
* 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 and maintained by the U.S. Army Human Resources Command - failed to reveal Purple Heart orders for him

5.  He submitted:

	a.  A self-authored statement wherein he states on the morning of 17 August 1967, while operating in Quang Tin Province his company was ambushed with small arms and mortar fire.  He ran for cover but shrapnel from a mortar round grazed the front of his right thigh.  When the ambush was over he saw a tear and blood in his pants where the shrapnel grazed him.  A medic cleaned/dressed his wound.  No medical evacuation was necessary.

	b.  A statement from the applicant's spouse who states when her husband came home on leave from Vietnam she noticed two scars on the front of his thigh.  He did not have the scars prior to leaving for Vietnam.  He told her at the time that small pieces of metal from an exploding mortar round grazed his leg.  He believed it was a minor wound at the time.  The scars ultimately faded away.  Her husband deserves the Purple Heart. 
	c.  A statement from a former unit member who states the company was ambushed on 17 July 1967 by small arms fire and mortar rounds and that they took some casualties at the time.  When it was done, he walked to the medical evacuation point to check the wounded.  He remembers the applicant had a bandage/field dressing on his left upper thigh area.  The applicant told him the medic had determined the shrapnel wound was not serious enough for evacuation.   

	d.  A statement from a friend who served in Vietnam at the time and who also supports awarding the applicant the Purple Heart.  He states that he learned from the applicant during a conversation that he (the applicant) had been wounded by shrapnel from a mortar round during an intense fire fight.  The applicant told him that while others were medically evacuated his wound was not serious enough for evacuation.  Although he did not serve with the applicant, he saw his scars and believes he was wounded. 

6.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and 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.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat.  His name is not listed on the Vietnam casualty roster, and his DA Form 20 does not indicate he received a combat related wound.  Additionally, his medical records which are necessary to confirm that treatment was required, are not available for review. 

3.  The statements submitted by the applicant, his spouse, and the former unit member and friend - although sincere - are based on memory with no corroborating evidence to show the applicant was wounded or that the alleged wound was caused by the enemy or that it required treatment.  

4.  Notwithstanding the applicant's contention and his sincerity and/or those of the authors, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of 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)                                         AR20110023026



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ABCMR Record of Proceedings (cont)                                         AR20110023026



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