IN THE CASE OF:	  

		BOARD DATE:	  17 April 2014

		DOCKET NUMBER:  AR20130013919 


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 award of the Purple Heart.

2.  The applicant states he was awarded the Purple Heart for a wound he sustained while serving in the Republic of Vietnam (RVN), but it is not shown on his DD Form 214.

3.  He provides his DD Form 214 and a Standard Form (SF) 513 (Clinical Record - Consultation Sheet).

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 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.  He was appointed as a Reserve commissioned officer in the Medical Services Corps of the U.S. Army Reserve (USAR) in the rank of second lieutenant on 17 December 1965.  He was ordered to active duty from the USAR on 15 March 1966.

3.  The applicant's DA Form 66 (Officer Qualification Record) contains the following information:

	a.  item 17 (Foreign Service) shows he  served in the Republic of Vietnam from 23 June 1968 through 12 February 1969.

	b.  item 21 (Awards and Decorations) shows, in part, that he was awarded the Purple Heart, but does not list an order number for the award.

	c.  item 18 (Record of Assignments) shows that he was assigned to the following units while serving in the Republic of Vietnam:

		(1)  as an Assistant Personnel Officer for the 55th Medical Group from 27 June to 19 August 1968.

		(2)  as the Personnel Officer for the 71st Evacuation Hospital from 20 August 1968 to 11 February 1969.

		(3)  his duty status was changed to "Patient" and he was hospitalized on 12 February 1969.

4.  On 20 June 1969, the applicant was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960) 

5.  His name does not appear on the Republic of Vietnam casualty roster.

6.  His record does not contain orders awarding him the Purple Heart and a review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 orders showing the applicant was awarded the Purple Heart.

7.  The applicant provides an SF 513, dated 20 June 1970.  Most of the document is illegible and most of the dates have been modified by writing numerals over previously written numerals indicating the years.  The document appears to show that he sought medical attention for his knees on 20 June 1970.
He reported to the examining physician that he sustained a shrapnel wound to his left knee in December 1968 and that he had surgery on both knees in March 1969.  At the time, he could not run or do aggressive physical activity.

8.  Army Regulation 600-8-22 (Military Awards) provides that 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 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 applicant's contention that his record should be corrected to show he was awarded the Purple Heart was carefully considered.

2.  The entry on the applicant's DA Form 66 indicating he was awarded the Purple Heart is duly noted.  However, also noted is the absence of an order number authorizing the award and the absence of any orders for the Purple Heart in both his record and ADCARS. 

3.  The fact that the applicant provided a document, dated 20 June 1970, that mentions his self-reported injury that occurred back in December 1968 is also duly noted.  However, there is no evidence of record and the applicant has not provided sufficient evidence showing he sustained any injuries or that he was treated for wounds sustained as a result of hostile action.

4.  In the applicant's capacity as a medical services officer performing personnel officer duties at two hospitals, he should have been fully aware of the requirements for documenting all medical treatment, particularly for wounds sustained as a result of hostile action, as well as the requirements for properly documenting entitlement to the Purple Heart.

5.  Absent evidence that conclusively shows the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is an insufficient basis for awarding him the Purple Heart in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  ___x_____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The applicant and all others 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 arms.



      _______ _   _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)                                         AR20130013919





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ABCMR Record of Proceedings (cont)                                         AR20130013919



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