IN THE CASE OF:	  

		BOARD DATE:  19 September 2013

		DOCKET NUMBER:  AR20130003278 


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, in effect, he received a shell fragment wound to his “hand” (i.e., head) on or about 8 September 1967 in Vietnam but he did not receive the Purple Heart.  He would like to be acknowledged and have his record documented correctly.

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty)
* letter orders
* a certificate
* four letters
* a Standard Form (SF) 519A (Radiographic Report)
* an SF 600 (Chronological Record of Medical Care)
* a Department of Veterans Affairs (VA) Form 07-3101 (Request for Information)
* a VA Form 21-507 (Request for Physical Examination)




* a VA Form 10-7131 (Exchange of Beneficiary Information and Request for Administrative and Adjudicative Action)
* a VA Form 21-4142 (Authorization and Consent to Release Information to the VA)
* a VA Form 21-256 (Compensation) with two attachments
* two photographs

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's records show he was inducted into the Army of the United States on 27 October 1965 and he held military occupational specialty 13E (Cannon Fire Direction Specialist).  He served in Vietnam from 1 December 1966 to 19 October 1967 while assigned to the 2nd Battalion, 34th Artillery, 9th Infantry Division.

3.  He was honorably released from active duty on 19 October 1967 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 11 months, and 23 days of creditable active service.

4.  The DD Form 214 he was issued does not show award of the Purple Heart.  His records are void of orders awarding him the Purple Heart.

5.  A review of the Adjutant General's Casualty Division's Vietnam casualty listing failed to show his name as a casualty.

6.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant.

7.  The applicant provides:

   a.  An SF Form 519A, dated 8 September 1967, wherein it stated an x-ray of his skull revealed a small fragment in the soft tissue.
   
   b.  An SF Form 600, dated 8 September 1967, wherein it shows he was hit by a short round on 8 September 1967 and he suffered a small superficial wound to his right frontal area.  The wound was debrided and the fragment was removed. 
   
   c.  A letter, dated 1 September 2011, to the applicant from the Chief, Awards and Decorations Branch, U.S. Army Human Resources Command.  The chief stated, the applicant's VA records and the Vietnam casualty listings were reviewed and without evidence that shows he was treated for wounds directly caused by enemy action and his injuries were made a matter of official record, they were unable to award him the Purple Heart.
   
8.  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 criteria for award of the Purple Heart requires the submission of substantiating evidence to verify that a Soldier received a wound/injury as a result of hostile action, the wound/injury required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  Although the applicant may have received a fragment wound to his skull while he was serving in Vietnam, the evidence of record does not show and he has not provided any evidence that shows this wound was incurred as a result of enemy action. 

3.  His record is void of evidence that shows he was wounded or injured as a result of hostile action.  His name is not listed on the Vietnam casualty roster, his DA Form 20 does not indicate he received a combat-related wound, and the medical records he provided do not show the fragment wound he received was caused by hostile action.  

4.  In the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action, there is an insufficient evidentiary basis upon which to award the applicant the Purple Heart in this case.

5.  Nevertheless, 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)                                         AR20130003278



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ABCMR Record of Proceedings (cont)                                         AR20130003278



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