IN THE CASE OF: 

		BOARD DATE:	    17 April 2014

		DOCKET NUMBER:  AR20130013613 


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 his right elbow by shrapnel on
29 March 1971 while serving in the Republic of Vietnam.  At the time, he never complained or sought medical treatment because it was not that bad.  As a result, he was never awarded the Purple Heart.

3.  The applicant provides a copy of a medical record and "buddy statement."

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 U.S. Army on 10 March 1970.  He served in the Republic of Vietnam from 17 February 1971 through 28 October 1971.

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

a. item 38 (Record of Assignments):  Company D, 1st Battalion, 
46th Infantry, 196th Brigade, from 17 February 1971 through 27 October 1971;

   b.  item 40 (Wounds) is blank (no entries); and

	c.  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 
17 November 1971 based on early separation of overseas returnees.

   a.  He had completed 1 year, 8 months, and 8 days of total active service this period that included 8 months and 12 days of foreign service.  

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the Purple Heart.

5.  A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows 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 any award orders pertaining to the applicant.

8.  In support of his application the applicant provides the following documents:

   a.  Jersey Community Hospital, Jerseyville, IL, Radiology Report, dated 
13 August 2012, that shows an X-ray of the applicant's right elbow revealed there appears to be a small wire-like metallic foreign body of the soft tissues in the posterior medial epicondylar region that measures approximately 3 millimeters in length.

   b.  A statement by Zeddy B---, dated 6 April 2013, that shows he was stationed with the applicant in Vietnam, on 29 March 1971, when they were preparing to sit down and eat.  A rocket propelled grenade flew between them, they dove for cover, and it exploded behind them.  He states this is when he believes the applicant received a shrapnel wound to his arm and elbow.  He adds the applicant was carrying a medical kit, they did not seek medical treatment, and they bandaged the wound(s) themselves.

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 by shrapnel while serving in the Republic of Vietnam.

2.  The applicant's claim to the Purple Heart was carefully considered.
   
   a.  The applicant provides a civilian medical record that shows an X-ray of his right elbow revealed there appears to be a small wire-like metallic foreign body of the soft tissues.  The statement by Mr. B--- indicates that he believes (emphasis added) the applicant received a shrapnel wound to his arm and elbow on 
29 March 1971.

   b.  However, these two documents alone, prepared more than 40 years after the applicant served in Vietnam, offer insufficient evidence to support his claim to the Purple Heart.

3.  The applicant's military personnel records do not show any evidence that he was wounded or injured in action as a result of a hostile act of the enemy.
   
   a.  There are no military medical records to substantiate his claim.
   
   b.  The applicant's name is not listed on the Vietnam casualty roster.
   c.  Thus, the evidence of record does not support the applicant's contention.

4.  Therefore, in view of all of the foregoing, there is an insufficient evidentiary basis to grant 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)                                         AR20130013613



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ABCMR Record of Proceedings (cont)                                         AR20130013613



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