IN THE CASE OF:	  

		BOARD DATE:	  11 September 2012

		DOCKET NUMBER:  AR20120004325 


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, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart (PH).

2.  The applicant states, in effect, on 16 May 1970 he received a leg injury (burn) directly related to a Viet Cong/North Vietnamese Army mortar attack on his Military Assistance Command, Vietnam (MACV) Team 17 compound located in Ba To, Republic of Vietnam (RVN).  The applicant states he was medically evacuated 7 days later due to inclement weather to a military hospital where he was surgically treated and returned to duty on 5 June 1970.  He further states that he was under the impression the PH would be presented to him at a ceremony at the I Corps MACV Headquarters.

3.  The applicant provides:

* Letter from a U.S. Senator
* Letters from the U.S. Army Human Resources Command
* 3 DD Forms 214
* DD Form 215 (Correction to DD Form 214 Certificate of Release or Discharge from Active Duty)
* DA Form 1 (Morning Report)
* Medical documents
* Self-authored letters


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                   19 May 1965.  He completed basic combat and advanced individual training, and he was awarded military occupational specialty (MOS) 16C (Hercules Missile Fire Control Crewmember).  After one reenlistment, the applicant was discharged on 2 February 1969 to accept a commission as an officer. 

3.  The applicant was honorably released from active duty on 2 February 1971.  His DD Form 214 does not show award of the PH.  Item 30 (Remarks), shows he served in the RVN during the period 28 September 1969 to 23 September 1970.

4.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury.

5.  The applicant’s Standard Form 600 (Chronological Record of Medical Care), dated 23 May 1970, and a DA Form 8-275-3 (Clinical Record Cover Sheet) show he was injured on the lower left leg and received medical care.  He was hospitalized on 23 May 1970, and was released and returned to active duty on    5 June 1970.

6.  A review of the Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty.  His official military personnel file (OMPF) is void of any orders or documents that indicated he was ever awarded the PH by proper authority while serving on active duty.

7.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by 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 PH pertaining to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) states the PH 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct his DD Form 214 to add the PH was carefully considered and determined to lack sufficient evidence to grant relief.

2.  The criteria for an award of the PH requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

3.  Although the record contains indications the applicant suffered an injury to his lower left leg and received medical care while serving on active duty, there is no evidence of record or independent evidence provided by the applicant confirming that this injury was received as a direct result of enemy action.  Absent any evidence indicating the applicant’s lower left leg injury was received as a result of enemy action, there is insufficient evidence to warrant the relief requested. 

4.  The applicant and all others concerned to 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 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)                                         AR20120004325



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ABCMR Record of Proceedings (cont)                                         AR20120004325



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