IN THE CASE OF: 

		BOARD DATE:	    29 November 2012

		DOCKET NUMBER:  AR20120009429 


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 while serving in the Republic of Vietnam and he was subsequently discharged from Walter Reed Army Medical Center, Washington, DC.  He further states he is currently receiving disability pay based upon a 30% disability rating from the Department of Veterans Affairs (VA), but was never awarded the Purple Heart.  He was not concerned about the medal at the time, but now his son wants to put all of his medals in a display case.

3.  The applicant provides a:

* DA Form 1811 (Physical and Mental Status on Release from Active Duty)
* VA Form 21-6782 (Original Disability Compensation)

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 1 November 1968.  He was awarded military occupational specialty 11E (Armor Crewman).  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4. He served in the Republic of Vietnam from 9 January through 22 April 1971.  On 6 August 1971, he was honorably released from active duty prior to his expiration of term of service and he was transferred to U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 2 years, 9 months, and 4 days of total active service.

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

	a.  Item 40 (Wounds) no entry (blank).

	b.  Item 41 (Awards and Decorations) no entry awarding him the Purple Heart.

4.  His record contains a Standard Form (SF) 89 (Report of Medical History) and an SF 88 (Report of Medical Examination) that were rendered on 2 August 1971 in conjunction with his pre-separation physical medical examination.  These documents show he had scars from healed wounds on his right middle finger subsequent to amputation.  He also had scars from healed laceration wounds on his right ring finger, left leg, and face.  His SF 89 shows he was injured in the Republic of Vietnam on 10 March 1971 and he was sent to Walter Reed General Hospital, Ward 27B, where he was treated by two doctors.  Neither of these documents shows the specific facts and circumstances of how he sustained his injury.

5.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart.

6.  There is no evidence in the available record showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.  Additionally, there is no evidence in the available record and the applicant has not provided any evidence showing he was awarded the Purple Heart.

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

8.  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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

9.  The applicant provides a DA Form 1811, dated 6 August 1971, that shows his records were not available at the time of his separation; therefore, he was separated on temporary records.

10.  The applicant provides an undated VA Form 21-6782 that shows the VA awarded him a disability rating of 30% for the following service-connected disabilities:

* Amputation with metacarpal resection middle right finger
* Unfavorable ankylosis 4th and 5th fingers, right hand

This form also shows he was awarded service-connection for scars on his forehead, left eyelid, nostril, and left foreleg that were evaluated as less than 10% disabling and compensation was not payable.  This document does not indicate the specific facts and circumstances of how he sustained his injury.

11.  Army Regulation 600-8-22 (Military Awards) provides that 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 by medical personnel, and the medical treatment must have been made a matter of official record.  This regulation also provides examples of injuries or wounds that clearly do not justify award of the Purple Heart.  This includes accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show he was awarded the Purple Heart was carefully considered.

2.  There is no evidence of record and the applicant has not provided sufficient evidence showing he sustained any injuries or that he was treated for wounds sustained as a result of hostile action.
3.  The fact that the applicant sustained an injury while serving on active duty in the Republic of Vietnam and that he receives compensation for this injury by the VA is not in question.  Although this incident occurred in the Republic of Vietnam, it is unknown how he sustained his injuries.  Accidental injury not related to or caused by enemy action does not meet the eligibility criteria for award of the Purple Heart.  Absent evidence that conclusively shows the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is an insufficient basis for awarding him the Purple Heart in this case.

4.  The applicant and all others 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)                                         AR20120009429



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ABCMR Record of Proceedings (cont)                                         AR20120009429



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