IN THE CASE OF:	  

		BOARD DATE:	    12 July 2012

		DOCKET NUMBER:  AR20120001087 


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 two awards of the Purple Heart.

2.  The applicant states:

	a.  he was wounded in Vietnam in April 1970 in his right leg and arm.

	b.  he was wounded again in December 1970 when he received shrapnel in the groin.  He was treated at the 124th Field Hospital in Vietnam, he was rotated back to the states on 8 January 1971, and he was discharged on 9 January 1971.  He developed an infection in his groin wound and was told to go to his local Veterans Administration (VA) hospital upon release from active duty.  On 
12 February 1971, he was treated by the VA and subsequently granted a rating for shell fragment wounds.

	c.  the Army just wanted to discharge him and send him home. 

3.  The applicant provides:

* DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 29 January 1967, 9 January 1971, and 19 November 1975
* VA application for compensation or pension
* VA medical records
* VA rating decision
* Standard Form (SF) 93 (Report of Medical History), dated 24 July 1975
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 (RA) on 5 April 1965 for a period of 3 years.  He completed his training and was awarded military occupational specialty 11B (light weapons infantryman).  On 29 January 1967, he was honorably discharged for immediate reenlistment.  He reenlisted on 30 January 1967 for a period of 4 years.  He served as an infantryman in Vietnam from 
6 February 1970 to 8 January 1971.  On 9 January 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Stand By) to complete his remaining service obligation.

3.  His DD Form 214 for the period ending 9 January 1971 does not show the Purple Heart as an authorized award.   

4.  There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

5.  His DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant's name does not appear on the Vietnam Casualty Roster.

6.  On 9 January 1971, he underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.  Items 35 (Upper extremities) and 37 (Lower extremities) of his SF 88 (Report of Medical Examination), dated 9 January 1971, show he was rated normal.  In addition, he reported his "condition" is excellent. 

7.  On 25 September 1975, he enlisted in the RA for a period of 4 years.  
On 19 November 1975, he was honorably discharged.  

8.  His DD Form 214 for the period ending 19 November 1975 does not show the Purple Heart as an authorized award.

9.  He provided a VA medical record, dated 12 February 1971, which states:

* he underwent surgery for an "abscess left inguinal region"
* "no Hx (history) punji or wounds"

10.  He provided an SF 93, dated 24 July 1975, which states he had shrapnel removed from his groin in Vietnam 4 years ago.

11.  He also provided VA documentation, dated 1976, which shows he was granted service-connected disability compensation for shell fragmentation wounds of his right leg, groin, and right arm.

12.  Army Regulation 600-8-22 (Military Awards) provides the Purple Heart is awarded for a wound sustained 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 military medical personnel, and the medical treatment must have been made a matter of official record.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was wounded in April 1970 in his right leg and arm and he was wounded a second time in December 1970 when he received shrapnel in the groin.

2.  Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards.  The Purple Heart requires:

* the wound was the result of hostile action
* treatment of the wound by medical personnel
* documentation of the wound in official records

3.  It is acknowledged he was granted service-connected disability compensation for shell fragmentation wound to his right leg, groin, and right arm by the VA.  

4.  Contemporaneous medical evidence (his SF 88, dated 9 January 1971) does not mention any injuries or wounds sustained as a result of hostile action and his upper and lower extremities were rated normal.  In addition, the VA medical record, dated 12 February 1971, provided by the applicant states there was no history of wounds related to the abscess of his left inguinal region.     

5.  There is insufficient evidence in the available record that shows the applicant was wounded as a result of hostile action in Vietnam.  Regrettably, there is an insufficient evidentiary basis for awarding him a Purple Heart.

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)                                         AR20120001087





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ABCMR Record of Proceedings (cont)                                         AR20120001087



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