IN THE CASE OF:	

		BOARD DATE:	  13 November 2012

		DOCKET NUMBER:  AR20120008495 


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.  He states he was wounded in a rocket attack during the Tet Counteroffensive in 1968, several days before departing Vietnam.  He received medical treatment at the Military Assistance Command, Vietnam (MACV) hospital in Pleiku and he still has shrapnel in his left arm. 

3.  He provides:

* a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a DA Form 1577 (Authorization for Issuance of Awards)
* a Standard Form 180 (Request Pertaining to Military Records)
* several letters requesting award of the Purple Heart
* two letters from the Military Awards Branch, dated 12 April 2006 and 
	9 May 2012
* numerous Department of Veterans Affairs (VA) documents

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’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  His DD Form 214 shows he was inducted into the Army of the United States on 24 October 1966.  After completion of training, he was awarded military occupational specialty 76P (Stock Control and Accounting Specialist).  This form also shows:

* he served 11 months and 25 days in the Republic of Vietnam (RVN)
* he was awarded the:

* Vietnam Service Medal with three bronze service stars
* RVN Campaign Medal with Device 1960
* National Defense Service Medal 

* the applicant was honorably released from active duty on 23 October 1968, after completing 2 years of net active service

4.  The applicant’s name does not appear on the Vietnam casualty roster.

5.  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 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding him the Purple Heart.   

6.  He provided a DA Form 1577, dated 8 June 1993, that indicates he was authorized the issuance of the Purple Heart medal set.  

7.  The applicant also provided two letters from the U.S. Army Human Resources Command (AHRC), Military Awards Branch that state:

	a.  AHRC acknowledged that the U.S. Army Personnel Records Center, St. Louis, MO, originally authorized issuance of the Purple Heart on 8 June 1993, and he had not yet received the decoration.  Additionally, the NPRC was unable to approve award of the Purple Heart.  

   b.  Since it could not be determined why NPRC could not verify his entitlement to the award after reviewing his military records, the Military Awards Branch requested his records to make a determination. 
   
   c.  The second letter is addressed to the applicant's Member in Congress and describes various processes which the applicant can use to further pursue the Purple Heart. 

8.  The final action taken by AHRC pertaining to award of the Purple Heart is not available for review.  

9.  He also submitted several documents from the VA in which he applied for healthcare benefits.  

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, and the medical treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  His request for award of the Purple Heart was carefully considered; however, it is not supported by the available evidence of record.  

2.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

3.  Lacking any corroborating evidence of record such as official medical documentation, showing the applicant was treated for an injury that was the direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  Additionally, the applicant's name does not appear on the Vietnam casualty roster.

4.  In the absence of such evidence, there is an insufficient basis on which to grant the 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 applicant and all others concerned should know that this action in no way diminishes the sacrifices made by him in service to our Nation.  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)                                         AR20120008495





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ABCMR Record of Proceedings (cont)                                         AR20120008495



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