BOARD DATE:	  31 January 2013

		DOCKET NUMBER:  AR20120011478 


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 and correction of his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  The applicant states:

* he received a shrapnel wound combat injury while engaged in a firefight in South Vietnam in January 1969
* he has a scar on his right side
* he was not transported, but received aide from a medic in the field 
* he was told by social workers at the Department of Veterans Affairs (VA) and the Purple Heart organizations that if circumstances prevented him from going to the hospital, he could be awarded the Purple Heart

3.  The applicant provides a copy of his DD Form 214 and a self-authored sworn affidavit.

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 8 June 1967.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while on active duty was sergeant (SGT)/E-5.

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

* Item 31 (Foreign Service), from 20 May 1968 through 19 May 1969, USARPAC (U.S. Army Pacific), Vietnam
* Item 38 (Record of Assignments) no entry showing he was ever in a patient status during his period of service
* Item 40 (Wounds) no wound entry
* Item 41 (Awards and Decorations) shows award of the:

*	National Defense Service Medal
*	Vietnam Service Medal
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Parachutist Badge
*	Combat Infantryman Badge
*	two Overseas Service Bars

4.  On 16 March 1970, the applicant was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years, 10 months, and 9 days of total active service.  The DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Combat Infantryman Badge


5.  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
* Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty
* 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

6.  The applicant provides a self-authored sworn affidavit attesting to his service in the Republic of Vietnam and describes events leading to his injury.  He further stated that after a firefight with the Viet Cong, he discovered his right side bleeding with two pieces of shrapnel stuck in his side.  He further stated he pulled the pieces of shrapnel out of his side and sought medical care from a medic who stopped his bleeding, cleaned his wound, and bandaged the wound.
 
7.  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 is void of any evidence showing he was wounded or injured as a result of enemy hostile action.  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)                                         AR20120011478



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ABCMR Record of Proceedings (cont)                                         AR20120011478



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