IN THE CASE OF:	  

		BOARD DATE:  1 May 2012

		DOCKET NUMBER:  AR20110024203 


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 the Purple Heart (PH) awarded to him for wounds received in combat in the Republic of Vietnam (RVN) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the record is in error and to see the attached DA Form 20 (Enlisted Qualification Record).

3.  The applicant provides:

* Two copies of his DD Form 214 for the period ending 17 February 1971 
* Two copies of his DD Form 214 for the period ending 11 May 1968
* A letter, dated 7 January  2011, from the National Personnel Records Center (NPRC)
* A copy of a DA Form 137 (Installation Clearance Record)
* A DA Form 2496 (Disposition Form)
* A picture of himself 
* A copy of his DA Form 20

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 9 June 1967, and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He reenlisted on 12 May 1968, and was trained in and awarded MOS 52F (Electrician).  

3.  The DD Forms 214 show the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM) 
* Combat Infantryman Badge
* Parachutist Badge
* 2 Overseas Service Bars

4.  The PH is not listed on the DD Forms 214 and there are no orders in his records indicating the applicant was ever recommended for or awarded the PH during any of his active military service.  There are also no medical treatment records which show treatment for a wound received as a result of enemy action.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 is blank; however, the PH is included in the list of earned awards in item 41 (Awards and Decorations) as awarded by Special Orders Number 59, Headquarters, 1st Brigade, 101st Airborne Division, dated 5 April 1968.  Item 41 also shows he was awarded the Combat Infantryman Badge on Special Orders Number 59, Headquarters, 1st Brigade, 101st Airborne Division, dated 23 February 1968.

6.  Review of the RVN casualty listing does not show the applicant's name as a casualty.

7.  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.

8.  The applicant provides the following documents in support of his request for the PH:

* A letter, dated 7 January  2011, from the National Personnel Records Center (NPRC) indicating he was authorized the PH
* A copy of a DA Form 137, dated 26 April 1968, which does not show he was authorized the PH
* A DA Form 2496, dated 26 April 1968, indicating he had turned in his equipment due to his being medically evacuated
* A copy of a picture of himself reflecting a bandaged left hand; indicating the picture was taken in April 1968 at the field hospital in the RVN 

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH.  It states that in order to award a PH, there must be evidence verifying 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 this medical treatment must be supported by medical treatment records that were made a matter of official record.  As with all personal decorations announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

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

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 result of enemy action, that it required treatment by medical personnel, and a record of this treatment must have been made a matter of official record.  

3.  The available evidence fails to show the applicant was ever wounded as a result of enemy action or treated for a wound received as a result of enemy action while serving on active service.  There are no medical treatment records in the applicant's NPRC file and he failed to provide any to show he was ever treated for a combat-related wound/injury by medical personnel.  

4.  Although item 41 of his DA Form 20 shows he was awarded the PH, the order listed is a special order, rather than a general order.  Further, item 41 shows he was awarded the Combat Infantryman Badge on the same orders number, with an earlier date of issue.  The file is void of corroborating evidence showing he was ever awarded the PH by proper authority while serving in RVN.  

5.  In addition, there is no entry pertaining to the applicant on the Vietnam War casualty listing.  Absent any evidence verifying the applicant's claim that he was wounded in action in the RVN, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.  

6.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20110018497



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ABCMR Record of Proceedings (cont)                                         AR20110024203



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