BOARD DATE:	  17 July 2014

		DOCKET NUMBER:  AR20130019602 


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.  He states he was not awarded a Purple Heart.

3.  He provides:

* two DD Forms 214, dated 14 June 1970 and 31 January 1995
* DD Form 2860 (Claim for Combat-Related Special Compensation)

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's records show he enlisted in the Regular Army on 17 June 1968.  He served in the Republic of Vietnam from 26 January 1969 to 24 January 1970.

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

	a.  item 38 (Record of Assignments), he was assigned to Company A, 93rd Engineer Battalion (Construction), from 1 February 1969 to 24 January 1970; 

	b.  item 38, no entry indicating he was in a patient status;

	c.  item 40 (Wounds), he received a shrapnel wound over his right eye on an unknown date; and 

   d.  item 41 (Awards and Decorations), does not list award of the Purple Heart.

4.  On 14 June 1970, he was honorably discharged for the purpose of immediate reenlistment.  He had completed 1 year, 11 months, and 28 days of active service.  This DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with "1960" Device, and 2 Overseas Service Bars.

5.  He reenlisted on 15 June 1970 and was honorably discharged on 18 March 1976.  His DD Form 214 for this period shows he completed 5 years, 
9 months, and 4 days of active service during this enlistment.  This discharge document shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with "1960" Device, two Overseas Service Bars, Army Commendation Medal (2d award), Good Conduct Medal (2d award), and Sharpshooter Marksmanship Qualification Badge with Rife Bar.  

6.  He reenlisted on 19 March 1976 and was honorably discharged on 8 April 1980 and ordered to active duty as a warrant officer.  His DD Form 214 for this period shows he completed 4 years and 20 days of active service during this enlistment.  This discharge document shows he was awarded the Army Commendation Medal (2d award), Good Conduct Medal (3d award), National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with "1960" Device, Sharpshooter Marksmanship Qualification Badge with Rife Bar, Drivers Badge, Mechanic Badge, and three Overseas Service Bars.  

7.  He was appointed as a warrant officer on 9 April 1980 and was honorably retired on 31 January 1995.  His DD Form 214 for this period shows he completed 14 years, 9 months, and 22 days of active service during this period.  This discharge document shows he was awarded the Meritorious Service Medal (3d award), Army Commendation Medal (2d award), Army Achievement Medal (2d award), Good Conduct Medal (3d award), National Defense Service Medal (2d award), Vietnam Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral "3," Army Service Ribbon, Overseas Service Ribbon (4th Award), Republic of Vietnam Campaign Medal with "1960" Device, and Drivers Badge and Mechanic Badge.  

8.  He submitted a copy of his DD Form 2860, dated 6 September 2012, wherein he indicated that during a mortar attack he was disoriented and ran into a tree.  It happened at night and he was taken to the hospital and a day later woke up.

9.  Review of the Adjutant General's Office Casualty Division's Vietnam casualty listing does not show the applicant as a casualty.

10.  Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the U.S. Army Human Resources Command Military Awards Branch, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.

11.  There are no medical records in his official military personnel file that show he was wounded as a result of hostile action in Vietnam.

12.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart has been carefully considered and it was determined that there is insufficient evidence to support his request.

2.  Evidence of record shows the applicant received a shrapnel wound above his right eye on an unknown date.  The applicant states that during a mortar attack, he was disorientated and ran into a tree.  However, there is no evidence of record which shows he was injured or wounded as a result of enemy action, that the wound required medical treatment and the treatment was made a matter of official record.  The applicant's name is not listed on the Vietnam casualty listing or in ADCARS.  There is no evidence in his service personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds.

3.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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 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)                                         AR20130019602





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ABCMR Record of Proceedings (cont)                                         AR20130019602



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