IN THE CASE OF:	

		BOARD DATE:	  21 August 2012

		DOCKET NUMBER:  AR20120003235 


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.

2.  The applicant states:

	a.  During a family gathering his sons asked him about Vietnam and his thumb injury in 1969.  They asked why he did not receive a Purple Heart.  He told them that he was not sure, but he would see if he was eligible for the award.  This award would mean a lot to him and his sons.

   b.  In March or April 1969, he received a cut to his right thumb requiring several stitches after he volunteered to change a light bulb.  As he started changing the light bulb the base siren sounded informing them of possible incoming fire that could hit the base.  The light bulb shattered in his hand causing the cut on his thumb.  The rocket round hit close to his location.
   
   c.  At the medic station no glass was found in the wound.  After returning to his unit he was given a piece of shrapnel to keep as a possible cause of his injury.  He was told to return to the medic station and discuss the possibility that this piece of shrapnel or another piece of shrapnel could have been the cause of his injury.  He decided that they would not believe his story so he did not go back.  

3.  The applicant provides no additional evidence.


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's military record shows he was inducted into the Army of the United States on 7 July 1967.  He completed the training requirements and he was awarded military occupational specialty 94B (Cook).  He served in Vietnam from on or about 20 June 1968 to 18 June 1969.

3.  On 18 June 1969, he was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve Control Group (Annual Training).

4.  His DD Form 214 does not list the Purple Heart.

5.  There is no evidence in his service personnel record showing he was wounded during his period of service in Vietnam.  There are no official orders in his military personnel records authorizing him award of the Purple Heart.

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect he was wounded or injured as a result of hostile enemy action.  Item 41 (Awards and Decorations) of this form does not list the Purple Heart.

7.  The Vietnam casualty listing does not contain his name.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 orders for the Purple Heart pertaining to the applicant.


9.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for an injury or 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 medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was injured and may be authorized award of the Purple Heart was carefully considered.  By regulation, in order to support award of the Purple Heart there must be evidence confirming the wound/injury for which the award is being made was received as a direct result of or was caused by enemy action, the wound/injury must have been treated by medical personnel, and a record of this treatment must have been made a matter of official record.

2.  He provided no evidence and there is no evidence of record that shows he was wounded or injured as a result of hostile action during his period of service in Vietnam.  His name does not appear on the Vietnam casualty listing.  There is no evidence of record and he did not provide any evidence that he sustained an injury to his right thumb as a result of enemy action in Vietnam.

3.  Absent corroborating evidence confirming his contention, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  Therefore, he is not entitled to award of the Purple Heart or its addition to his DD Form 214.

4.  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)                                         AR20120003235



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ABCMR Record of Proceedings (cont)                                         AR20120003235



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