IN THE CASE OF:	  

		BOARD DATE:	  5 December 2013

		DOCKET NUMBER:  AR20130006532 


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 injured in the line of duty, but the Purple Heart was not entered in his military service records.

3.  The applicant provides copies of his medical records.

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 enlisted in the Regular Army on 16 June 1969 for a period of
3 years.  He was awarded military occupational specialty 43E (Parachute Rigger).
3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service):

* Vietnam from 8 April 1970 through 15 March 1971
* Germany from 23 April 1971 until 1972

   b.  item 38 (Record of Assignments):  

* 225th Aviation Company, from 17 April 1970 to 13 March 1971
* Headquarters Detachment, Nahbollenbach Army Depot, from 23 April 1971 to 20 January 1972

   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 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 
24 January 1972 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

	a.  He completed 2 years, 7 months, and 9 days of net active service that included 1 year, 8 months, and 7 days of foreign service.

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

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Army Commendation Medal
* Vietnam Service Medal with campaign stars
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar

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

   a.  nine Army medical records spanning the period from 29 April to 
25 November 1971 that show the applicant sustained a blow to his nose and stab wound in his right lower chest at approximately 2145 hours on 18 October 1971;

   b.  two DA Forms 3349 (Medical Condition - Physical Profile Records), dated 26 October and 25 November 1971, that show the applicant was given temporary sedentary-type duty;

   c.  a DA Form 2173 (Statement of Medical Examination and Duty Status) that shows the applicant was stabbed in an incident in the barracks at 2200 hours, 
18 October 1971.  The injury was considered to have been incurred in line of duty; and

   d.  Veterans Administration (VA), Phoenix, AZ, letter, dated 2 May 1972, that shows the applicant was granted service connection for "scar right lateral chest residuals, stab wound."

9.  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 injured in the line of duty.

2.  The applicant's claim to the Purple Heart was carefully considered.  However, the evidence the applicant provides in the form of his Army medical records and VA letter 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.  

   a.  There is no evidence of record that shows the applicant was wounded in action while serving in Vietnam (or any other geographical location).

   b.  The evidence of record shows the applicant was injured when he sustained a blow to his nose and a stab wound in an incident in the barracks in Germany on 18 October 1971.

   c.  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 (emphasis added).  

   d.  The evidence of record does not satisfy the criteria for award of the Purple Heart.

4.  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)                                         AR20130006532



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130006532



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1