IN THE CASE OF:	  

		BOARD DATE:  2 July 2013

		DOCKET NUMBER:  AR20120022494 


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:

* the sergeant major told him he would not put him in for the Purple Heart for a shrapnel injury to the right side of the forehead; the sergeant major told him he (the applicant) was doing his job
* the injury took eight stitches which were sewn by a special forces sergeant at the camp; no other treatment was received except for the removal of the stitches
* he received the certificate from the National Personnel Records Center (NPRC) but when he asked for the medal he was told the Purple Heart was issued in error
* he was injured on or about 10 August 1966 and he has enclosed several newspaper articles where other veterans experienced problems obtaining their awards
* he is 80 years old and he has exhausted all avenues to receive this medal; he spent 24 years with two combat tour in Vietnam and one tour in Korea
* he believes his integrity is being questioned which is very upsetting; he has unusual circumstances in that there is insufficient documentation to support his award

3.  The applicant provides:

* Letters, dated 30 April 2010 and 30 March 2009, from NPRC
* Letter, dated 19 February 2010, to the U.S. Army Human Resources Command (HRC)
* General Orders (GO) Number 4164, awarding him the Air Medal for heroism
* GO Number 12198, awarding him the Distinguished Flying Cross
* Letters, dated 3 October 2008, 31 July 2009, and 15 November 2009, to NPRC
* Newspaper articles regarding the Purple Heart

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.  Having had prior enlisted service, including an overseas tour in Korea from 15 September 1950 to 7 April 1951, the applicant enlisted in the Regular Army on 28 August 1956 and he held military occupational specialty 464.67 (Parachute Rigger).  

3.  He was honorably discharged on 18 September 1958 to accept a commission.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the:

* Sharpshooter Marksmanship Qualification Badge
* Master Parachutist Badge
* Good Conduct Medal

4.  He was appointed as a Reserve commissioned officer with concurrent call to active duty on 19 September 1958.  He served in a variety of stateside or overseas assignments and he attained the rank of lieutenant colonel (LTC). 

5.  He completed the following periods of foreign service: 

* Vietnam, from 2 July 1966 to 21 June 1967; he was assigned to the 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division
* Vietnam, from 18 June 1969 to 31 March 1970; he was assigned to Company, 14th Combat Aviation Battalion, 23rd Infantry Division

6.  He retired on 31 May 1976 and he was placed on the Retired List in his retired grade of LTC.  His DD Form 214 (Report of Separation from Active Duty) shows he was awarded or authorized the:

* National Defense Service Medal (1st Oak Leaf Cluster (OLC))
* Army Commendation Medal (3rd OLC)
* Bronze Star Medal (2nd OLC)
* Good Conduct Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with 1960 Device
* Vietnam Cross of Gallantry with Palm Unit Citation
* Meritorious Service Medal
* Combat Infantryman Badge
* Air Medal with "V" Device and 31st OLC
* Senior Army Aviator Badge
* Distinguished Flying Cross
* Valorous Unit Award
* Presidential Unit Citation
* Master Parachutist Badge
* Legion of Merit

7.  Nothing in several typical sources show he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart:

* his records do not contain general orders authorizing him award of the Purple Heart
* his name is not shown on the Vietnam casualty listing
* review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is 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 him
* his medical records are not available for review with this case
* his citations for awards of the Air Medal with "V" Device and the Distinguished Flying Cross do not show he was wounded during his acts of heroism
* His records do not contain an official Army notification or a Western Union telegram notifying his next of kin of an injury and/or wound(s) received in action

8.  Between 2007 and 2010, he communicated/corresponded back and forth with NPRC and HRC regarding the Purple Heart.  It appears at some point, NPRC erroneously issued him a certificate showing award of the Purple Heart.  It also appears when he requested the medal, NPRC recognized the error and referred him to HRC since there were no documentation supporting his entitlement to the Purple Heart. 

9.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and 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.

	a.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions.

	b.  Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows:  frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for 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 medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat.  His name is not listed on the Vietnam casualty listing.  His medical records are not available for review with this case.  There is nothing in multiple typical sources that confirm he was wounded as a result of hostile action or that he required treatment by medical personnel.

3.  The applicant's contention, sincerity, and most importantly, his integrity are not in question.  However, in the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is an insufficient evidentiary basis for awarding him the Purple Heart.

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 our Nation.  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)                                         AR20120022494





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ABCMR Record of Proceedings (cont)                                         AR20120022494



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