BOARD DATE:	  10 January 2013

		DOCKET NUMBER:  AR20120011344 


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 (PH).  

2.  The applicant states he was wounded during enemy action in the Republic of Vietnam (RVN) during the 1968 TET offensive.  He states while running to his position he fell and when he got up his right hand was bleeding.  He claims he was treated and had a sling for three days but does not remember the name of the treatment facility.  

3.  The applicant provides a photograph in support of his request.  

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.  On 1 February 1966, the applicant enlisted in the Regular Army.  He was trained in and awarded military occupational specialty (MOS) 63G (Fuel and Electric Systems Repairer).  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 11 April 1967 through 12 November 1968.  Item 40 (Wounds) is blank and the PH is not included in the list of awards entered in item 41 (Awards and Decorations).  His record is void of orders or other documents indicating he was awarded the PH by proper authority while serving on active duty.  It is also void of any documents showing he was wounded in action in the RVN or that he was treated for a combat-related wound by medical personnel while serving in the RVN.

4.  On 13 November 1968, the applicant was honorably released from active duty, in the rank of PFC/E-3, after completing 2 years, 9 months, and 7 days of creditable active military service and accruing 6 days of time lost.  The DD Form 214 he was issued, as amended by a DD Form 215 (Correction to DD Form 214); dated 28 June 2007, shows that during his active duty tenure he earned the following awards: 

* National Defense Service Medal
* Army Good Conduct Medal 
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Vietnam Service Medal with 1 silver service star and 1 bronze service star
* RVN Campaign Medal 
* 3 Overseas Service Bars
* RVN Gallantry Cross with Palm Unit Citation 

5. The applicant provides a photograph of himself in the RVN in which he is wearing a sling.  

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

7.  A 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 an award of the PH pertaining to the applicant.


8.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-8 contains guidance on the PH.  It states in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of the medical treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for award of the PH has been carefully considered.  However, there is insufficient evidence to support his request.  By regulation, in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment must have been made a matter of official record. 

2.  There is no evidence of record to corroborate the fact that the sling the applicant has on in the photograph provided is the result of a wound received as a result of enemy action.  His record is void of any entries or documents corroborating his claim that he was wounded in action in the RVN or that he was treated for a combat-related wound by medical personnel while serving in the RVN.  Item 40 of his DA Form 20 is blank which indicates he was not wounded in action.  

3.  Further, there is no entry on the Vietnam casualty listing pertaining to the applicant, which is the official DA list of RVN casualties.  Absent such evidence corroborating the applicant's claim that he was wounded in action the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.  

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)                                         AR20120011344



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ABCMR Record of Proceedings (cont)                                         AR20120011344



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