IN THE CASE OF:	  

		BOARD DATE:	  18 October 2012

		DOCKET NUMBER:  AR20120007500 


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:

* he was in Vietnam driving alone when he saw a Vietnamese man standing in the middle of the road
* the Vietnamese man threw a grenade at him that exploded
* the man took off running and he caught him and searched him
* he found a "Chicom Pistol 9 MM, an identification card, and some clips"
* after letting the man go, he proceeded to a nearby U.S. Army field first aid station
* his right hand and his head were bleeding
* he was treated and he returned to his unit and reported the incident to the orderly room staff
* he still has the items he took from the Vietnamese man
* he was permitted to bring the items back with him to the United States
* for his injuries, he was given extra R&R (rest and recuperation) to Thailand
* to this date, he has a 3/4 inch visible scar and he has not received a Purple Heart for the injury
* he is considered 100% disabled by the Department of Veterans Affairs

3.  The applicant provides:

* a self-authored letter to his Representative in Congress, dated March 2012
* his DD Form 214, (Certificate of Release or Discharge from Active Duty) for the period ending 31 December 1979
* a DD Form 603 (Registration of War Trophy Firearms)
* a DD Form 603-1 (War Trophy Registration/Authorization)

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 enlisted in the Regular Army (RA) on 2 May 1957.  He completed training as a communications monitor.  He remained on active duty through a series of reenlistments.

3.  The applicant arrived in Vietnam on 6 January 1966.  He was released from active duty for the purpose of immediate reenlistment on 13 December 1966.  Item 27 (Wounds Received as A Result of Action with Enemy Forces) of his
DD Form 214 for this period of service shows the entry "None."

4.  The applicant reenlisted in the RA on 14 December 1966 for a period of
3 years.  He departed Vietnam en route to the United States on 5 January 1967.

5.  On 31 December 1979, the applicant retired by reason of required service for retirement and he was placed on the Retired List on the following day.  He completed 22 years, 7 months, and 29 days of creditable active service.

6.  Review of the applicant's Army Military Human Resources Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), does not contain 

any documents that show he was ever wounded as a result of hostile action by enemy forces.

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.  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.

9.  The applicant provides a self-authored letter to his Representative in Congress, dated March 2012, contending that he was wounded while he was in Vietnam on 23 August 1966.  He also provides a DD Form 603 and DD Form 603-1 showing he registered a Chicom Pistol while in Vietnam.

10.  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 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 contentions have been noted and his supporting evidence has been considered.

2.  There is no evidence in his AMHRR showing he was wounded as a result of action by enemy forces while he was in Vietnam.  The applicant's name is not shown on the Vietnam Casualty listing.  

3.  Although he provides copies of his DD Form 603 and DD Form 603-1 showing he registered a Chicom Pistol while he was in Vietnam, it does not substantiate his contention that he was wounded as a result of action by enemy forces and treated by medical personnel.

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


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)                                         AR20120007500



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ABCMR Record of Proceedings (cont)                                         AR20120007500



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