BOARD DATE:	  24 June 2014

		DOCKET NUMBER:  AR20130018054 


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 award of the Purple Heart.

2.  The applicant states that he was injured during a combat operation and has residual scars on his legs from the injury.  He was informed his injuries were due to hitting a land mine and that he would be submitted for a Purple Heart.  
Due to their duties, apparently the documentation was never submitted.  He recalls that in early 1968 while participating in a security mission, he was riding on the spare tire of a goose neck type trailer when the tow vehicle struck a land mine and an explosion occurred.  As a result of the explosion, he was pinned between the armored personnel carrier and crossbar of the trailer.  He was extracted by members of his unit and medically evacuated to the hospital in Toey Hoa.

3.  The applicant provides an:

* undated self-authored statement
* letter of commendation and endorsement 
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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 27 October 1966.  He was awarded military occupational specialty 62L (Wheel Track Operator).  The highest rank/grade he attained while serving on active duty was specialist five (SP5)/E-5.  He served in the Republic of Vietnam from 29 September 1967 to 3 June 1969.  On 3 June 1969, he was honorably released from active duty after completing 2 years, 7 months, and 7 days of total active service.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 40 (Wounds) no entry (blank).

	b.  Item 41 (Awards and Decorations) no entry awarding him the Purple Heart.

4.  The applicant underwent a pre-separation medical examination on 3 June 1969 and the documentation is void of any indication that he was wounded during his period of service.

5.  The applicant's DD Form 214 does not show award of the Purple Heart.

6.  There is no evidence in the available record showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.  Additionally, there is no evidence in the available record and the applicant has not provided any evidence showing he was awarded the Purple Heart.

7.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name is listed as a casualty.

8.  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 for the Purple Heart pertaining to the applicant.
9.  The applicant provides a Letter of Commendation rendered by his platoon leader on 5 July 1968 wherein he noted that although working under adverse conditions of frequent enemy activity, conditions of extreme heat, and poor living quarters for 6 weeks the applicant's recent contributions to the unit's mission contributed greatly to the success of the mission, and that his attitude helped make the job easier and kept the platoon morale high.  He also provides an endorsement from his commander who further commended him for the aforementioned actions.

10.  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.  This regulation also provides examples of injuries or wounds that clearly do not justify award of the Purple Heart.  This includes accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.

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.  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 while serving in the Republic of Vietnam.

3.  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.

4.  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.

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)                                         AR20130018054





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130018054



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1