IN THE CASE OF:	  

		BOARD DATE:	  24 September 2013

		DOCKET NUMBER:  AR20130001937 


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:

* He was injured on 13 May 1971 while he was in Vietnam
* He sustained an injury when a tire he was changing exploded in his face
* He has been back and forth to the Department of Veterans Affairs (VA) Hospital in Dallas, Texas, and he has been turned down many times
* He had to prove he was in the service and that his injury was service-connected
* In June 2010 he received a 10 percent service-connected disability rating from the VA
* He is still trying to get the amount he really should receive
* The last three pages of his VA claim show he was injured in Vietnam

3.  The applicant provides:

* Self-authored statement (Undated)
* VA Forms 21-4138 (Statement in Support of Claim), dated 20 June and 21 June 2010
* VA Rating Decision, dated 28 September 2010
* Disabled American Veterans Notice of Disagreement, dated 8 November 2011
* National Personnel Records Center (NPRC) letter, dated 27 October 2011
* DD Form 47 (Record of Induction)
* DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 8 July 1969 and 3 July 1973 (two copies each)
* DA Form 20 (Enlisted Qualification Record)
* Personnel Qualification Record Part – 1
* Clinical Record Cover Sheets
* Clinical Record Narrative Summary, dated 13 May 1971
* NPRC letter, dated 21 January 2013

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 28 June 1967.  He completed training as a power plant operator.  He arrived in Germany on 2 February 1968.  The applicant was honorably discharged on 8 July 1969 for the convenience of the government.  

3.  The DD Form 214 he received shows he was awarded the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant reenlisted in the Army on 9 July 1969.  He departed Germany en-route to the United States on 21 May 1970.  He departed the United States and he arrived in Vietnam on 25 June 1970.  

5.  Clinical Record Cover Sheets show that on 13 May 1971, the applicant received lacerations to his face and fractures of his teeth when a tire he was changing exploded in his face.

6.  On 13 December 1971, the applicant departed Vietnam en-route to the United States.  He was honorably discharged on 3 July 1973, at the expiration of his term of service.  His DD Form 214 shows the following awards:

* Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal
* Bronze Star Medal
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  Review of the applicant's Army Military Human Resources Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), does not contain any documents that show he was ever wounded/injured as a result of hostile action by enemy forces.

8.  Review of the Vietnam Casualty listing does not show the applicant's name as a battle casualty.

9.  The applicant provides a VA Rating Decision dated 28 September 2010, showing he has been awarded service-connected disability ratings of 10 percent for facial scars and 10 percent for loss of teeth.

10.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  There is no evidence in his AMHRR showing he was wounded as a result of action by enemy forces while he was in Vietnam.  The applicant's name is not shown on the Vietnam Casualty listing.  

3.  The available records show the applicant received lacerations to his face and fractures of his teeth when a tire he was changing exploded in his face.  His injury was not the result of action by enemy forces.  It appears that he is not authorized the award of the Purple Heart.

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:

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)                                         AR20130001937





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130001937



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1