IN THE CASE OF:	 

		BOARD DATE:	  26 November 2013

		DOCKET NUMBER:  AR20130005643 


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 issuance of the Purple Heart medal.

2.  He states he was wounded on 24 October 1968.  He was riding as a passenger in an armored personnel carrier (APC) that was hit by fragments from an explosion caused by a round of unknown origin.  He received lacerations to the left hand, left shoulder, left arm, left side of the head, and right arm.  He was treated in the field and returned to duty.

3.  He provides a U.S. Army Vietnam (USARV) Form 130-R (USARV Casualty Report Format).

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.  On 27 March 1968, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty 11D (Armor Reconnaissance Specialist).

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

* item 38 (Record of Assignments) – he was assigned to duty in Vietnam with Troop B, 1st Squadron, 17th Cavalry, 82nd Airborne Division, from 24 September 1968 through 30 August 1969
* item 40 (Wounds) – blank (no entry)
* item 41 (Awards and Decorations) – no entry for the Purple Heart

4.  On 4 February 1970, he underwent a separation medical examination.  His record contains a Standard Form (SF) 88 Report of Medical Examination) and an SF 89 (Report of Medical History).  Neither of these forms show any evidence indicating he had been wounded while serving in Vietnam.

5.  He indicated on his SF 89 that he was in good health.  In item 33 (Have you ever had any illness or injury other than those already noted (If yes, specify when, where, and give details)) he checked the "yes" box.  In the remarks section he stated "Yes.  Broken neck, wore brace for 3 months, home town when I was 16 years old."

6.  On 26 March 1970, he was honorably released from active duty at the expiration of his term of service.

7.  His Army Military Human Resources Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), does not contain any documentation indicating he was wounded in action or that he was awarded the Purple Heart.

8.  His complete service medical records are not available for review.

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

10.  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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders for the Purple Heart pertaining to the applicant.
11.  He provides a USARV Form 130-R that shows:

* the report was submitted by a chief warrant officer two at 1930 hours on 24 October 1968
* on 24 October 1968, the applicant received lacerations of the left hand, left shoulder, left arm, left side of the head, and right arm
* he was treated in the field and returned to duty
* the injuries were incurred under the following circumstances:  "Passenger on armored personnel carrier, hit by fragments from explosion caused by round of unknown origin"  

12.  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 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 has provided a document indicating he was wounded during his service in Vietnam, that he received medical treatment for his wounds, and that the treatment was made a matter of official record.

2.  Unfortunately, the document he provides shows he was wounded by fragments from an explosion caused by a round of unknown origin.  The criteria for the Purple Heart require substantiating evidence to verify that a wound was the result of hostile action.  In this case, there is no such substantiating evidence.

3.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

BOARD VOTE:

________  ___X_____  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___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.




      _______________________
               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)                                         AR20130005643



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ABCMR Record of Proceedings (cont)                                         AR20130005643



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