IN THE CASE OF:	  

		BOARD DATE:	  31 July 2012

		DOCKET NUMBER:  AR20120001713 


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).

2.  The applicant states:

   a.  he was wounded in Vietnam in the fall of 1967 and did not receive the PH;
   
   b.  his medical record evidencing his wounding and the stitches he received at the camp hospital (outside on the ground) is possibly missing because the hospital was also hit and damaged by mortar attack;
   
   c.  he was discharged on temporary records and was told that a new 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) would be sent to him once his official record was received but it was not;
   
   d.  he still has the pain, memories, and scars associated with his wounding and has attempted to have his record corrected several times to no avail; and
   
   e. his DD Form 214 does not show the other units he was assigned to in addition to the 591st Engineer Company.

3.  The applicant provides his DD Form 214, self-authored statement, and a statement of support.


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 was inducted into the Army of the United States on 25 July 1966.  He was trained in and awarded military occupational specialty 12B (Combat Engineer).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 7 July 1967 to 26 June 1968 while assigned with both the 36th and 591st Engineer Battalions.  Item 40 (Wounds) contains no entries.

4.  The applicant's record does not include any medical treatment records that indicate he was ever treated for a combat-related wound or injury while serving in the RVN or at any other time during his active duty service.  Further, there are no orders or documents indicating he was ever recommended for or awarded the PH by proper authority.

5.  On 30 June 1968, the applicant was honorably released from active duty after completing 1 year, 11 months, and 6 days of creditable active duty service.  The DD Form 214 issued at that time shows his last duty of assignment was with the 591st Engineer Company.  It does not include the PH among its lists of awards.

6.  The applicant provides a witness statement from an individual who indicates he was assigned with him in Vietnam, witnessed his wounding, and is deserving of the PH.

7.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam Casualty Roster.  There is no entry pertaining to the applicant.

8.  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 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 the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.

9.  Army Regulation 635-5 (Separations Document) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The preparation instructions for the entry in Item 12 states for personnel reassigned to a transfer activity, to enter the losing unit of assignment as shown in the standard name line (SNL) and the title of the major command or agency having jurisdiction over the losing unit of assignment as shown in the lead line of the orders reassigning the individual to the transfer activity.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the PH.  There is insufficient evidence to support this claim.  There is no evidence to show he separated on temporary records.  If he did, his complete records are now available.

2.  Item 40 of the applicant's DA Form 20 is blank.  The applicant's name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties.  Absent evidence to corroborate that he was wounded as a result of enemy action and that he was treated for those wounds by military medical personnel while serving in the RVN.

3.  In addition, the applicant is informed that the DD Form 214 only shows a member's losing unit of assignment.  There are no provisions for listing all units of assignment in which a member served throughout his active duty service on this document.  

4.  The applicant and all others concerned should know that 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)                                         AR20120001713





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ABCMR Record of Proceedings (cont)                                         AR20120001713



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