IN THE CASE OF:	   

		BOARD DATE:	  12 February 2014

		DOCKET NUMBER:  AR20130009917 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

	a.  award of the Purple Heart and

	b.  his rank, pay grade, and date of rank as sergeant (SGT)/E-5 effective 11 December 1971.

2.  The applicant states:

* he recently reviewed his discharge documentation and discovered the Purple Heart was not listed on his DD Form 214
* he was wounded by shrapnel on 7 March 1971 in Vietnam
* his pay grade is listed as specialist four (SP4)/pay grade E-4 and should be SGT/pay grade E-5

3.  The applicant provides:

* service medical records
* DD Form 214
* promotion orders



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 2 June 1970.  He completed his training and was awarded military occupational specialty 11B (light weapons infantryman).  He arrived in Vietnam on 8 November 1970.

3.  He provided service medical records which show he was treated for a shrapnel wound to his right forearm in March 1971.  However, there is no evidence which shows this wound was the result of hostile action.

4.  His records contain a recommended list for promotion of enlisted personnel to pay grade E-5, dated 22 September 1971, with his name on it.

5.  He departed Vietnam on 6 December 1971.

6.  His records also contain Headquarters, 101st Airborne Division (Airmobile), Special Orders Number 345, dated 11 December 1971, which show he was promoted to SGT/E-5.

7.  He provided a Standard Form 88 (Report of Medical Examination), dated 13 December 1971, which shows he underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.  Item 35 (Upper Extremities) of this form shows he was rated normal.

8.  On 16 December 1971, he was honorably released from active duty.

9.  His DD Form 214 shows in:

* item 5a (Grade, Rate, or Rank) – "SP4"
* item 5b (Pay Grade) – "E-4"
* item 6 (Date of Rank) – "27 Apr 71"

10.  His DD Form 214 does not show the Purple Heart as an authorized award.

11.  There is no evidence in the available records which shows the applicant was awarded the Purple Heart or that he was wounded as a result of hostile action in Vietnam.

12.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.

13.  His name does not appear on the Vietnam casualty roster.

14.  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.

15.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 military medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was wounded by shrapnel on 7 March 1971 in Vietnam and he provided medical documentation to support this contention.  However, there is no evidence which shows his right forearm shrapnel wound was the result of hostile action on 7 March 1971.

2.  Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards.  The Purple Heart requires evidence to verify:

* the wound was the result of hostile action
* treatment of the wound by medical personnel
* documentation of the wound in official records

3.  There are no orders for the Purple Heart in the available records.  Contemporaneous medical documentation shows his upper extremities (right forearm) were rated normal on 13 December 1971.  His name does not appear on the Vietnam casualty roster.  In the absence of corroborating evidence showing he was injured and treated for wounds as a result of hostile action in Vietnam, the medical documentation provided by the applicant alone is not sufficient as a basis for adding award of the Purple Heart to his DD Form 214.

4.  The promotion orders provided by the applicant that show he was promoted to SGT effective 11 December 1971 are accepted as sufficient evidence on which to amend items 5a, 5b, and 6 of his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the current entry in item 5a of his DD Form 214 and replacing it with the entry "SGT,"

	b.  deleting the current entry in item 5b of his DD Form 214 and replacing it with the entry "E-5," and

	c.  deleting the current entry in item 6 of his DD Form 214 and replacing it with the entry "11 Dec 71."

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so 


much of the application that pertains to adding award of the Purple Heart to his DD Form 214.



      ____________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)                                         AR20130009917



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130009917



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1