IN THE CASE OF:	  

		BOARD DATE:	  30 August 2012

		DOCKET NUMBER:  AR20120002729 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as 13A (field artillery basic) and the addition of a Purple Heart.

2.  He states his primary MOS was actually as an artilleryman.  He attended the Field Artillery School at Fort Lewis, WA.  He further states he was wounded on his scalp with shrapnel from friendly fire in 1967.  He was medically evacuated to their base camp for stitches.

4.  He did not provide any additional documentation.

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 9 December 1965.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) prepared on
14 December 1965 and last audited by the applicant on 28 August 1966 shows:

	a.  He attended advanced individual training (AIT) at Fort Lewis on 11 March 1966 and he was awarded MOS 13A on 3 May 1966.  Item 22 (MOSs) of this form shows 13A as his secondary MOS.

	b.  He was assigned to Battery B, 5th Battalion, 16th Artillery, Vietnam from 
15 September 1966 to 9 September 1967.  It also shows he served in duty MOS 13A as a radio telephone operator and a cannoneer throughout his Vietnam tour.

	c.  He was awarded MOS 36K (wireman) on 28 February 1967 which is listed as his primary MOS in item 22 of his DA Form 20.

	d.  Item 40 (Wounds) of this form is blank.

4.  On 13 September 1967, he was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  Item 23a (Specialty Number and Title) of his DD Form 214 shows MOS 36K (wireman).

5.  The applicant's record does not contain any documentation and he did not provide any evidence to show he was recommended for or awarded the Purple Heart.

6.  Review of The Adjutant General's Office, Casualty Division's Vietnam 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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

8.  His military medical record is not available for review.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military 


decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Purple Heart is awarded for a wound sustained while in action against an 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.

	b.  The Purple Heart is also awarded to individuals wounded or killed as a result of "friendly fire" in the "heat of battle" as long as the "friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

10.  Army Regulation 635-5 (Separation Documents) prescribes the 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 version of the regulation in effect at the time of the applicant's separation stated that item 23a would contain the primary MOS held on the date of separation from that period of service.

DISCUSSION AND CONCLUSIONS:

1.  Regulatory guidance in effect at the time stated the DD Form 214 would contain the primary MOS held on the date of separation.  His record is void of evidence and he has not provided sufficient evidence to show MOS 13A remained his primary MOS throughout his military career.  However, his record shows MOS 36K became his primary MOS on 28 February 1967; therefore, it appears his DD Form 214 correctly shows his primary MOS at the time of his separation.

2.  By regulation, it is necessary to establish that a Soldier was wounded as a result of hostile action or in the applicant's case, the wounds received during friendly fire were intended to inflict damage or to destroy enemy troops or equipment.  The wound must have required treatment by medical personnel and the medical treatment of the wound must have been made a matter of official record in order to award the Purple Heart.

3.  The applicant did not provide any evidence and his record is void of documentation to support his request.  As a result, the regulatory burden of proof 


necessary to support award of the Purple Heart has not been satisfied in this case.  Additionally, the applicant's name does not appear on the Vietnam casualty listing.

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)                                         AR20120002729



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ABCMR Record of Proceedings (cont)                                         AR20120002729



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