BOARD DATE:	27 November 2012  

		DOCKET NUMBER:  AR20120008916 


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 correction of his records to show award of the Purple Heart.

2.  The applicant states:

* his platoon commander submitted him for award of the Purple Heart in September 1971
* a record of his Purple Heart was lost and not entered in his 201 file upon his departure from the Republic of Vietnam
* his medical records were also lost
* he is entitled to the Purple Heart because he was injured in combat as a volunteer U.S. Army Soldier for his country and for medical ailments he now suffers 
* he sustained a head injury, concussion, and blast wounds to his face, chest, and arms from small shrapnel and glass
* his injuries occurred after a troop carrier truck hit a land mine
* the blast was 20 to 40 meters away from him and threw him 8 to 10 feet backwards
* he rendered assistance to the bleeding driver of the truck, a South Vietnamese
* shortly thereafter, medics arrived and offered assistance to both of them  
* he was taken to sick call and cleaned and had only small puncture wounds from the glass blown from the truck windows

*	it was during this incident he contracted the Hepatitis C virus because his blood was mixed with the South Vietnamese Soldier's blood
* his commanding officer was fully aware of the incident
* he was given an early release from his assignment in Vietnam
* his award of the Purple Heart and Air Medal for 100 hours of flight in combat never caught up with him as was often the case for veterans who moved around the South Vietnam conflict on different assignments
* his commanding officer submitted a formal request to his Senator to have his awards reissued and entered on his DD Form 214; however, the request was not pursued and the process was stalled
* he now has a terminal liver disease

3.  The applicant provides:

* Letter, from the U.S. Army Human Resources Command, Fort Knox, KY, dated 29 February 2012
* self-authored statements
* witness statement, dated 22 March 2012

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.  After completing a prior period of honorable service, the applicant enlisted in the Regular Army on 26 September 1969.  His military occupational specialty was 94B (Cook).  He reenlisted on 26 May 1970.  The highest rank/grade he attained while on active duty was specialist five/E-5.

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

* Item 31 (Foreign Service):

*	USAREUR (U.S. Army Europe), Germany, 23 February 1970 to 16 February 1970
*	USARPAC (U.S. Army Pacific), Vietnam, 21 November 1970 to 3 November 1971
*	SACA (Headquarters, U.S. Army Forces Southern Command), Panama, 23 May 1974 to 22 November 1975

* Item 38 (Record of Assignments) does not show he was ever in a patient status

4.  The applicant was assigned to the 221st Reconnaissance Airplane Company, 214th Combat Aviation Battalion while in the Republic of Vietnam.

5.  On 21 May 1976, the applicant was honorably discharged.  His DD Form 214 (Report of Separation from Active Duty) shows he completed 6 years, 7 months, and 26 days of creditable active military service.

6.  There is nothing in several typical sources that show he was wounded in action or awarded the Purple Heart:

* Item 40 (Wounds) of his DA Form 20 does not reflect a combat injury
* Item 41 (Awards and Decorations) of this form does not list the Purple Heart
* His available medical records do not reflect a combat injury or treatment for such injury
* His name is not shown on the Vietnam casualty listing
* There are no general orders in his record that shows he was awarded the Purple Heart
* A review of the U.S. Army Human Resources Command (HRC) Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant
* His records do not contain a notification, such as a Western Union Telegram, notifying his next of kin of a combat injury

7.  On 29 February 2012, the Chief, Awards and Decorations Branch, HRC, advised the applicant's Senator that they were unable to verify the applicant's entitlement to award of the Purple Heart.

8.  The applicant provides self-authored statements describing his injuries and the treatment he received.  He also provides a witness statement from his former platoon commander who states he initiated paperwork for award of the Purple Heart to the applicant.  He states he departed Vietnam with the belief that the paperwork would be complete and the applicant would receive the Purple Heart.

9.  Army Regulation 600-8-22 (Military Awards) states 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 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 request for award of the Purple Heart was carefully considered.

2.  The applicant's service record void of any evidence showing he was wounded or injured as a result of combat.  His name is not listed on the Vietnam casualty listing.  His available service medical records do not reflect a combat injury.

3.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

4.  Notwithstanding the applicant's contention and sincerity, in the absence of corroborating documentation that shows he 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 Purple Heart in this case.

5.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20120008916



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ABCMR Record of Proceedings (cont)                                         AR20120008916



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