IN THE CASE OF:	   

		BOARD DATE:	  15 October 2013

		DOCKET NUMBER:  AR20130001728 


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 correction of his records to show award of the Purple Heart.

2.  The applicant states he was wounded in August 1969 while serving in Vietnam.  He was riding on a tank, it hit a land mine, and he received head and back injuries.  He believes the Purple Heart will make him eligible for special veterans' benefits in his home state of Wyoming.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a newspaper article, and medical record.

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 was inducted into the Army on 22 May 1968.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  A DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service):  service in Vietnam beginning 12 May 1969;

   b.  item 38 (Record of Assignments):  Company C, 54th Infantry, 93rd Military Police Battalion, from 9 November 1969 through 5 April 1970;

   c.  item 40 (Wounds):  is blank (no entries); and

   d.  item 41 (Awards and Decorations):  does not list the Purple Heart.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 9 April 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

	a.  he completed 1 year, 10 months, and 18 days of net active service that included 10 months and 27 days of foreign service; and

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Bronze Star Medal with "V" Device
* 2 Overseas Service Bars

5.  A review of the applicant's military personnel records failed to reveal any evidence that shows he was wounded in action or that he was awarded the Purple Heart.

6.  A review of The Adjutant General's Office, Casualty Division's Vietnam 
Casualty Roster failed to reveal the applicant's name.


7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 Purple Heart award orders pertaining to the applicant.

8.  His Standard Form 89 (Report of Medical History). Item 33 (Have you ever had any illness or injury other than those already noted), shows he had no injuries.

9.  In support of his request the applicant provides the following documents:

   a.  A newspaper article from the Kemmerer Gazette, Kemmerer, WY, dated 28 August 1969, that shows the applicant's parents were notified that the applicant was wounded in action in Vietnam when he was on a tank that hit a land mine, he received head and back injuries, and he was hospitalized.

   b.  Veterans Administration (VA)  Form 21-6782 (Disability Compensation), that is undated and does not show the individual's name.  It shows the individual was granted service-connection (less than 10% disabling) for a "laceration, head, frontal" and that service-connection for a back injury was not established because the condition was not found on his last medical examination on 9 April 1970.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The Purple Heart is awarded to any member who was wounded or killed in action or as a result of enemy action.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Purple Heart because he was wounded in Vietnam.

2.  The applicant's claim to the Purple Heart was carefully considered.  However, the evidence the applicant provides in the form of a newspaper article and an unidentified VA medical record provide insufficient evidence to support award of the Purple Heart.

3.  In order to support awarding a member the Purple Heart, it is necessary to establish that the individual was wounded or injured in action or as a result of enemy action, that the wound required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  The evidence of record does not satisfy the criteria for award of the Purple Heart.

4.  There is no evidence that the applicant was treated for a wound sustained in action or as a result of a hostile act by the enemy.  In addition, his name is not listed on the Vietnam casualty listing and there is no evidence the applicant was awarded the Purple Heart.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20130001728



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ABCMR Record of Proceedings (cont)                                         AR20130001728



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