IN THE CASE OF:	  

		BOARD DATE:	 28 August 2012 

		DOCKET NUMBER:  AR20120004975 


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 he should have received the PH based on the dislocation of his shoulder that resulted from daily carrying of ammunition, using his rifle, sleeping on ambushes, and carrying a back pack.  

3.  The applicant refers to a Department of Veterans Affairs (VA) disability record; however, he provides no documentary 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.  On 22 March 1968, the applicant was inducted into the Army of the United States and he was trained in and awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  The record shows he was promoted to specialist four (SP4)/E-4 on 11 December 1968, and this is the highest rank/grade he attained during his military service.

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 25 August 1968 to 21 August 1969.  Item 40 (Wounds) is blank, and the PH is not included in the list of awards entered in item 41 (Awards and Decorations).  

4.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of orders or other documents indicating he was awarded the PH by proper authority while serving on active duty.  It is also void of any documents showing he was wounded in action in the RVN or that he was treated for a combat-related wound by medical personnel while serving in the RVN.  

5.  The MPRJ does contain a Standard Form (SF) 88 (Record of Medical Examination), dated 5 February 1970, which documents his separation physical examination.  This document shows the applicant had limitation of motion in the right shoulder due to shoulder surgery.  

6.  On 20 May 1970, the applicant was honorably released from active duty.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he completed 1 year, 11 months, and 29 days of active military service.  It also shows that during his active duty tenure he earned the following awards: 

* Expert Marksmanship Qualification Badge with Rifle Bar
* Bronze Star Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* RVN Gallantry Cross with Palm Unit Citation
* RVN Campaign Medal

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

8.  A 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 U.S. Army Human Resources Command, failed to reveal an award of the PH pertaining to the applicant.

9.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-8 contains guidance on the PH.  It states 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 it required treatment by military medical personnel; and a record of the medical treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for award of the PH has been carefully considered.  However, there is insufficient evidence to support his request.  By regulation, in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment must have been made a matter of official record. 

2.  The applicant's record is void of any entries or documents corroborating his claim that he was wounded in action in the RVN or that he was treated for a combat-related wound by medical personnel while serving in the RVN.  Item 40 of his DA Form 20 is blank which indicates he was not wounded in action and there is no entry on the Vietnam casualty listing, the official DA list of RVN casualties, pertaining to the applicant.  

3.  Although the record contains indications the applicant suffered from shoulder problems 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 shoulder condition was received as a result of enemy action, it must be presumed it was not given the absence of any recommendation for the PH from the applicant’s chain of command and proper medical authority.  Therefore, it would not be appropriate or serve the interest of all those who served in the RVN and who faced similar circumstances to award the applicant the PH at this late date.  

4.  The applicant and all others concerned to know that this action related to award of the PH 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)                                         AR20120004975



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ABCMR Record of Proceedings (cont)                                         AR20120004975



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