IN THE CASE OF: 

		BOARD DATE:	       25 October 2012

		DOCKET NUMBER:  AR20120008222 


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, the daughter of a deceased former service member (FSM), requests award of the Purple Heart (PH) for injuries her father received in the Army.

2.  The applicant states she was recently awarded her father's medals; however, she does not understand why he did not receive the PH.  She has medical proof he was injured in the Army.  He had shrapnel in his right leg, back, and head.  She would like to know why he did not receive the PH.  He suffered from his wounds until the day he died.  

3.  The applicant provides:

* her social security card
* the FSM's social security card
* the FSM's identification card
* the FSM's certificate of death
* her record of birth
* a self-authored statement
* General Orders (GO) Number 6271, dated 1 August 1968
* 6 pages of medical records from the Battle Creek Department of Veterans Affairs (VA) Medical Center




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 FSM's was inducted into the Army of the United States on 24 August 1961 and he held military occupational specialty (MOS) 111.00 (Light Weapons Infantryman).  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Fort Devens, MA, from January 1962 to March 1962 and Fort Carson, CO, from March 1962 to September 1962.

3.  He was honorably discharged from active duty on 27 September 1962.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 1 year, 1 month, and one day of net active service.  His DD Form 214 does not list the PH. 

4.  On 28 September 1962, he enlisted in the Regular Army for a period of 3 years.  His DA Form 20 shows he was assigned to Germany in November 1962. He was honorably discharged for the purpose of immediate reenlistment on 19 April 1964.  His DD Form 214 shows he completed 1 year, 6 months, and 22 days of net active service, 1 year, 4 months, and 27 days of which was credited as foreign service.  His DD Form 214 does not list the PH. 

5.  On 20 April 1964, he reenlisted in the Regular Army for a period of 6 years.  

6.  His DA Form 20 shows he served in Vietnam from 18 August 1967 to 
17 August 1968.  He was assigned to the 3rd Squadron, 11th Armored Cavalry Regiment.  

7.  There is nothing in multiple typical source documents to confirm he was wounded in action and/or treated for a combat injury/wound:

* Item 38 (Record of Assignment) of his DA Form 20 does not show he was in a patient status
* Item 40 (Wounds) of his DA Form 20 does not show a combat wound/injury 
* Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the PH
* His records do not contain GO authorizing him award of the PH 
* His name is not shown on the Vietnam casualty roster
* 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 and maintained by the U.S. Army Human Resources Command - failed to reveal PH orders for him
* His official records do not contain a Department of the Army telegram or a Western Union message regarding an injury or wound
* There are no medical records which note any combat injuries or wounds

8.  He was honorably discharged for the purpose of immediate reenlistment on 9 March 1970.  His DD Form 214 shows he completed 5 years, 10 months, and 20 days of net active service, 3 years, 4 months, and 5 days of which was credited as foreign service.  His DD Form 214 does not list the PH. 

9.  On 10 March 1970, he reenlisted in the Regular Army for a period of four years. His DA Form 20 shows he was assigned to Fort Polk, LA, Germany, and Fort Sill, OK, during the period of his enlistment.

10.  His record contains a Standard Form 88 (Report of Medical Examination) dated 1 March 1974 wherein he stated he had one piece of metal in his right knee, bad hearing, and his back hurt.

11.  He was honorably discharged from active duty on 8 March 1974.  His DD Form 214 shows he completed 3 years, 11 months, and 29 days of net active service, 2 years, 11 months, and 17 days of which was credited as foreign service.  His DD Form 214 does not list the PH. 

12.  The applicant provided:

	a.  A self-authored statement wherein she stated her "mother swears he had a PH" and she has medical records which prove he was wounded in combat.  His medical records show he received shrapnel from a mortar round in his leg, back, and head.

	b.  GO Number 6271, dated 1 August 1968, awarding the FSM the Bronze Star Medal for meritorious service.

	c.  Medical records from a VA medical center, wherein it states, "while serving in Vietnam his tank was hit by a mortar round causing a shrapnel injury to his right knee, lower back, and head."

13.  Army Regulation 600-8-22 (Military Awards) provides that the PH is awarded for a wound sustained while in action against and 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 criteria for 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 medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  The FSM's service record is void of any evidence that shows he was wounded or injured as a result of combat.  His name is not listed on the Vietnam casualty roster, and his DA Form 20 does not indicate he received a combat related wound.  Additionally, his medical records, which are necessary to confirm that treatment was required, neither reflect a combat injury nor treatment for such injury.

3.  Notwithstanding the FSM's VA medical, in the absence of additional documentation that conclusively shows the FSM was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of the PH at this time.

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)                                         AR20120008222





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ABCMR Record of Proceedings (cont)                                         AR20120008222



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