IN THE CASE OF: 

		BOARD DATE:	    1 November 2012

		DOCKET NUMBER:  AR20120008323 


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 wounded on 6 June 1967 when he received a shrapnel wound on the left side of his face during an enemy mortar attack.  He goes on to state the enemy blew up the ammunition bunker 200 yards away from the compound setting off a chain of explosions and flying shrapnel and he was grazed on the left side of his face.  He also states as soon as it was safe he aided in getting others, including himself, to the medic for treatment.  He also states his officer was evacuated to Japan and his sergeant was killed, so there was no one to put him in for the Purple Heart. 

3.  The applicant provides, in support of his application, a self-authored statement and statements from two former members of his unit who both indicate the applicant sustained shrapnel wound on 6 June 1967.

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 on 26 February 1965 for a period of 3 years and training as a light vehicle driver.  He completed his basic training at Fort Knox, KY and his advanced individual training at Fort Leonard Wood, MO before being transferred to Germany on 23 June 1965.

3.  He departed Germany on 16 August 1966 for assignment to Vietnam.  He arrived in Vietnam on 27 September 1966 and he was assigned to the 541st Transportation Company (Light Truck).

4.  He departed Vietnam on 26 September 1967 for assignment back to Fort Leonard Wood.  He remained there until he was honorably released from active duty (REFRAD) at the expiration of his term of service on 23 February 1968.  He completed 2 years, 11 months, and 28 days of total active service.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time does not show award of the Purple Heart.

5.  A review of his official record shows no evidence of the applicant being wounded or being treated for any such wounds or injuries.  His final separation physical/medical examination also does not show any indication of such wounds or treatment.

6.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name listed as a casualty.

7.  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.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.


DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was wounded in Vietnam is not in doubt, there is no evidence of record that shows he was wounded as a result of hostile action, that he required treatment by medical personnel, and that such medical treatment was made a matter of official record.

2.  The evidence of record also shows the applicant made no mention of his injury at the time he underwent his final physical examination and there is no indication in his record of any wounds or treatment for wounds.

3.  The applicant’s contention that his officer and sergeant were wounded and/or killed and there was no one to submit a recommendation has been noted; however, Army medics had the authority to fill out the appropriate form for award of a Purple Heart when medical treatment was rendered that warranted a Purple Heart.

4.  Although the applicant has provided two supporting statements indicating he was wounded and that he was treated by a medic, they are not sufficient in themselves without corroborating evidence of record.

5.  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:

1.  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.


2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20120008323



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ABCMR Record of Proceedings (cont)                                         AR20120008323



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