BOARD DATE:	  21 August 2014

		DOCKET NUMBER:  AR20140000727 


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 he was sent back to his unit after spending two days in the hospital.

3.  The applicant provides a Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim).

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 was inducted into the Army of the United States on 27 May 1968.  He served in Vietnam from 30 January 1969 to 
30 January 1970.
3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments), he was assigned to Company E, 
2d Battalion (Airborne), 503d Infantry Regiment, 173d Airborne Brigade from 
5 February 1969 to 27 January 1970;

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

	c.  item 40 (Wounds), is blank; and 

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

4.  23 March 1970, he was released from active duty.  He had completed 1 year, 
9 months, and 27 days of active service.  His DD Form 214 does not show award of the Purple Heart.

5.  He submitted a VA Form 21-4138, dated 17 October 2013, wherein he stated:

* during the fall of 1969, while he was serving with his unit in Vietnam, his left hand was hit by flying fragments during a firefight
* as a result of the injury to his left hand and small left finger, he was medically evacuated to the Qui Nhon Hospital
* he was treated for the bleeding and dislocation which resulted in a permanent disfigurement on the small finger of his left hand
* he still has limited mobility and function of his left hand
* he strongly believes his injury was overlooked and he was not awarded the Purple Heart
* the doctors wanted to award him the Purple Heart and send him back to the United States, but he wanted to stay in Vietnam
* he was a hospital inpatient for two days, then returned to his unit performing light duties for a week
* he returned to fighting with his unit in the central hills of Vietnam and that is why he believes he was not awarded the Purple Heart 

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

7.  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.
8.  There are no medical records in his official military personnel file that show he was wounded as a result of hostile action in Vietnam.

9.  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.  There is no corroborating 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)                                         AR20140000727





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ABCMR Record of Proceedings (cont)                                         AR20140000727



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