BOARD DATE:	3 December 2013  

		DOCKET NUMBER:  AR20130006423 


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, in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart.  Additionally, he requests that he be provided a copy of the orders awarding him the Purple Heart.

2.  The applicant states, in effect, his house burned down and he lost the orders for his Purple Heart.  When he was wounded he was assigned to Company B, 299th Aviation Battalion (Assault Helicopter) (Airmobile), Vietnam.  He did not think his wound merited the Purple Heart at the time of his injury.  However, his family would like to have a copy of his award.

3.  The applicant provides his DD Form 214, dated 31 July 1986.

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 of the United States on 24 August 1965 and he held military occupational specialty (MOS) 36K (Wireman).  He attained the rank/grade of specialist five (SP5)/E-5 during this period of service.

3.  His DA Form 20 (Enlisted Qualification Record) and DA Form 2-1 (Personnel Qualification Record) show he was assigned to Vietnam from 1 July 1966 to 
1 July 1967.  

4.  He was honorably released from active duty on 23 July 1967.  His DD Form 214 shows his last unit of assignment as Company B, 229th Aviation Battalion, 1st Cavalry Division, Vietnam.  He was awarded or authorized the:

* Vietnam Service Medal
* National Defense Service Medal
* Vietnam Campaign Medal
* Air Medal

5.  He enlisted in the Regular Army on 9 January 1968 and served through numerous reenlistments or extensions.  He held MOS 31G (Tactical Communications Chief), 31N (Tactical Circuit Controller), 26Q (Microwave Systems Operator), and 31Z (Communications-Electronics Operations Chief).

6.  His DA Forms 20 and 2-1 show he was assigned to Vietnam from 
8 September 1968 to 30 August 1969.

	a.  His DA Form 2-1 shows he served with:

* Battery B, 2nd Battalion, 9th Artillery Regiment, 1st Air Cavalry Division from 13 September to 16 December 1968
* Battery A, 2nd Battalion, 9th Artillery Regiment, 1st Air Cavalry Division from 17 December 1968 to 9 April 1969
* Headquarters and Headquarters Company, 229th Aviation Battalion, 1st Cavalry Division (Airmobile) from 10 April to 1 May 1969
* Company B, 229th Aviation Battalion, 1st Cavalry Division (Airmobile) from 2 May to 30 August 1969

	b.  Item 40 (Wounds) of his DA Form 20 does not contain an entry and the Purple Heart was not listed among his awards on either form.

7.  There is no evidence that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart.  There is nothing in four typical sources that shows he was wounded/injured as a result of hostile action:

	a.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command (HRC), which is an index of general or special orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.

	b.  His name is not shown on the Vietnam casualty listing.  This is a Microfiche Listing of Vietnam Era Casualties that is used to verify entitlement to the Purple Heart. 

	c.  His record does not contain an official Army message or a Western Union Telegram notifying his next of kin of an injury or wound.  This was the proper notification of injuries at the time.

	d.  His medical records were not available for review with this case.

8.  His record contains DD Forms 214 for the periods 9 January 1968 to 
29 October 1969, 30 October 1969 to 29 July 1975, 30 July 1975 to 18 April 1979, and 19 April 1979 to 31 July 1886.  None of these forms listed the Purple Heart.

9.  He was honorably retired on 31 July 1986.  

10.  Army Regulation 600-8-22 (Military Awards) states 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.  

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.

	a.  The applicant's medical records were not available.  They also do not contain evidence to show he was injured or wounded as a result of hostile action.
	b.  His record does not contain an official Army message or a Western Union Telegram notifying his next of kin of an injury or wound.

	c.  His DA Form 20 and DA Form 2-1 do not contain any evidence that he was injured or wounded as a result of hostile action.

	d.  Based on the foregoing, there is insufficient evidence to show award of the Purple Heart.

2.  The applicant and all others concerned should 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 Vietnam.

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)                                         AR20130005483



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ABCMR Record of Proceedings (cont)                                         AR20130006423



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