IN THE CASE OF:	  

		BOARD DATE:	    8 January 2013

		DOCKET NUMBER:  AR20120011838 


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 that he be awarded the Purple Heart.

2.  The applicant states that he was injured on 20 November 1970 and the injuries to his back, neck, knees and ringing in his ears have continued since the night he was blown out of a truck and landed on his hip.  He goes on to state that he was treated and sent back to the line and he continued serve in Vietnam on two extensions.

3.  The applicant provides a copy of a chronological record of medical care and a statement of claim.

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 at Fort Jackson, South Carolina on 17 April 1970 for a period of 3 years.  He underwent his training as a light weapons infantryman at Fort Jackson and from 18 July to 2 September 1970 he went on sick call on multiple occasions with complaints of lower back pain.  On a 13 July 1970 visit, he indicated that he had been in a motorcycle accident 10 days earlier. 

3.  He was transferred to Vietnam on 1 November 1970 and on 26 November 1970 he was seen at the Camp Holloway Dispensary complaining that he had hit his knee the day before while playing basketball.

4.  He was seen again at 2000 hours at the 14th Medical Detachment and the medical notes indicate that he apparently fell off the back of a truck and he complained of pain in the left leg.  He was transported to the 71st Evacuation Hospital for X-rays.

5.  He was promoted to the rank of sergeant on 18 August 1971 and departed Vietnam on 27 April 1972.  He was transferred to Fort Dix, New Jersey and underwent a separation physical/medical examination that indicates a scar on the left knee that is also indicated on his enlistment physical.  It also contains a statement from the applicant indicating that he was in good health.

6.  On 28 April 1972, he was honorably released from active duty (REFRAD) as an early release due to prior extensions in Vietnam.  He had served 2 years and 12 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Army Commendation Medal, Vietnam Campaign Medal, Vietnam Service Medal, Combat Infantryman Badge, and the Expert Infantryman Badge. 

7.  A review of his official record shows no evidence of the applicant being injured/wounded or being treated for any such wounds or injuries that were the result of enemy action.  His final separation physical/medical examination also does not show any indication of such wounds or injuries.

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

9.  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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was injured in Vietnam is not in doubt, there is no evidence of record that shows he was injured as a result of hostile action. 

2.  The evidence of record also shows the applicant made no mention of his injury at the time he underwent his final physical examination and there is no indication in his record of any treatment for injuries caused by enemy action.

3.  Although the applicant has provided supporting documents indicating he was injured and that he was treated, they are not sufficient in themselves without corroborating evidence of record to show that his injuries were the result of enemy action.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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 Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  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)                                         AR20120011838





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ABCMR Record of Proceedings (cont)                                         AR20120011838



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