IN THE CASE OF:	  

		BOARD DATE:  13 November 2012

		DOCKET NUMBER:  AR20120008173 


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 found medical records showing he received two wounds while in the Republic of Vietnam
* he wants the award for himself, his family, and grandchildren   

3.  The applicant provides 3 pages of extracted medical records.

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 in the Army of the United States on 21 March 1969.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while on active duty was sergeant/E-5.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

* Item 31 (Foreign Service), U.S. Army Pacific, Vietnam, 17 August 1969 to 22 October 1970

* Item 38 (Assignments), he was assigned to the following units while in the Republic of Vietnam:

*	23d Artillery Group Administration Company Replacement  Detachment, 21 August 1969 to 30 August 1969
*	Company A, 3d Battalion, 1st Infantry, 11th Infantry Brigade, Americal Division, 31 August 1969 to 15 October 1970

* Item 40 (Wounds) is blank
* Item 41 (Awards and Decorations) shows award of the following:

*	National Defense Service Medal
*	Expert Marksmanship Qualification Badge with Rifle Bar
*	Sharpshooter Marksmanship Qualification Badge with Hand Grenade
*	Vietnam Service Medal
*	Combat Infantryman Badge
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Bronze Star Medal

4.  Item 38 of the applicant's DA Form 20 does not show he was ever in a patient status.

5.  The applicant's name does not appear on the Vietnam Casualty Roster.

6.  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 United States Army Human Resources Command, failed to reveal any orders for award of the Purple Heart.

7.  The 3-page medical records extract provided by the applicant shows:

   a. On 7 November 1969, his wound was treated by Company A, 3/1st Aid Station

   b.  He received a fragment wound (temporal area) at about 0130 hours on 14 January 1970 at landing zone 411.  He was dispatched to Company B, 
23rd Medical Battalion for x-rays.  The fragment was removed and dry dressing was applied.  The medical extracts do not show how the wounds occurred. 

8.  On 22 October 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve to complete his remaining service obligation. 

9.   He completed 1 year, 7 months, and 2 days of creditable active military service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

10.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart was carefully considered.

2.  Although the applicant provides medical records showing he received a fragment wound and notwithstanding his sincerity, his service record is void of any evidence that shows he was wounded or injured as a result of enemy action.  His name is not listed on the Vietnam casualty roster and his DA Form 20 does not indicate he received a combat-related wound.  

3.  Regrettably, absent evidence which conclusively shows his wounds were sustained as a result of hostile action there is insufficient basis for awarding the Purple Heart to the applicant in this case.

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)                                         AR20120008173



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ABCMR Record of Proceedings (cont)                                         AR20120008173



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