IN THE CASE OF:	  

		BOARD DATE:  23 August 2012

		DOCKET NUMBER:  AR20120002909 


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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  He states:

	a.  he has not been able to locate any documentation, squad members, or medical personnel involved in the event pertaining to his request;

	b.  the incident occurred between September 1969 and April 1970, while he was assigned to Company D, 1st Battalion, 506th Infantry Regiment,
101st Airborne Division in Vietnam;

	c.  he recalls being knocked unconscious while loading into a helicopter that was hit by a missile round;

	d.  he recalled others were injured and he sustained injuries to his wrist and he was treated by the medic from his base camp;

	e.  he thought the appropriate paperwork regarding his injuries was taken care of, but he never heard anything, and all he has left as memories are the scars; and

	f.  he is being seen weekly for post-traumatic stress disorder and this incident is his main point of discussion.
3.  He submitted his:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)

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 6 November 1968.  He completed training and he was awarded military occupational specialty 11B (light weapons infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he served in Vietnam from 20 April 1969 through 1 April 1970;

	b.  item 38 (Record of Assignments) he was assigned to:

* Company A, 2d Battalion (Airborne), 505th Infantry Regiment, 3d Brigade, 82d Airborne Division in Vietnam from 3 May to 22 October 1969
* Headquarters and Headquarters Company, 1st Battalion (Airmobile), 506th Infantry Regiment, 101st Airborne Division in Vietnam from
27 October 1969 to 28 March 1970

	d.  item 40 (Wounds) no entry (blank); and

	e.  item 41 (Awards and Decorations) no entry for the Purple Heart.


4.  On 5 November 1970, he was honorably released from active duty at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 2 years of total active service.  His DD Form 214 does not show award of the Purple Heart.

5.  His record contains a DD Form 215 (Correction to DD Form 214), dated 22 February 2010, that corrected item 24 of his 5 November 1970 DD Form 214 to show awarded of the Bronze Star Medal and Army Commendation Medal with 1st oak leaf cluster.

6.  Review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.

7.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty.

8.  There are no medical records in his official military personnel file that show he was wounded as a result of hostile action in Vietnam.

9.  Army Regulation 600-8-22 (Military Awards) states 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 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 regulation governing award of Purple Heart indicates the wound for which the award is being made must have been a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  Regrettably, there is no evidence in the applicant's record and he provided insufficient evidence to show he was wounded as a result of hostile action.


3.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

4.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant 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 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)                                         AR20120002909



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ABCMR Record of Proceedings (cont)                                         AR20120002909



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