IN THE CASE OF:	   

		BOARD DATE:	  11 September 2014

		DOCKET NUMBER:  AR20140001054 


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:

   a.  He is attaching all the records pertaining to his initial claim for correction of his military records and award of the Purple Heart submitted in 1978.  He requests a review to determine if the denial was made without full consideration of this documentation.

   b.  In his opinion, the initial determination was made using the narrow facts of no supporting medical treatment letters.  However, since his initial request the Department of Veterans Affairs (VA) has awarded him a 40 percent (%) disability rating and the Army under the Combat Related Special Compensation (CRSC) program has also agreed that his disability is combat-related.  

   c.  He feels the Board's favorable consideration of his request is fully supported and justified by his desire.  He has looked at this paperwork for years and held off on an appeal since he feels the Army is always right.  However, at this time in his life he has made the decision to submit for one reason, having received numerous awards during his service, but still feeling the Purple Heart is the only one that really has significance for him.

3.  The applicant provides copies of his retirement orders and letters from the VA and CRSC Branch.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 4 January 1967.  He served in military occupational specialty 76M (ammunition records clerk).  He served in Vietnam from 7 December 1967 through 8 June 1969.  

3.  He was honorably released from active duty on 12 December 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He was credited with completing 2 years, 11 months, and 9 days of net active service.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists the:

* National Defense Service Medal
* Meritorious Unit Commendation
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal 
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  There are no available orders authorizing or awarding him a Purple Heart during his period of service in Vietnam.

5.  His complete medical records for his period of active duty are not available for review with this case.

6.  On 13 July 1971, a DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge) was issued adding the Army Good Conduct Medal to his 1969 DD Form 214.

7.  His name is not shown on the Vietnam casualty roster.
8.  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 orders for award of the Purple Heart pertaining to the applicant.

9.  His records contain the following:

   a.  A DD Form 149 (Application for Correction of Military or Naval Records), dated 20 April 1977, wherein he requested award of the Purple Heart for wounds received on 10 March 1969 while stationed with the 184th Ordnance Battalion in Vietnam.  He stated:

		(1)  He was wounded in the left knee by shrapnel from an exploding ammunition bunker caused by enemy sapper action and he was treated at a temporary aid station in the battalion day room some two miles from the explosion.  Due to the confusion and the number of wounded, records were at a minimum or non-existent.  He went on sick call for the wound the next day, but due to the work load and damage caused by the action at the ammunition area and the distance and time to go on sick call, he was unable to return for any more follow-up care.  The wound closed with some first aid items and eventually healed.  

		(2)  He was awarded the Army Commendation Medal for the action on 10 March 1969 and he was under the assumption that orders were made for award of the Purple Heart at the same time, but he never received it.  

		(3)  With the DD Form 149 he provided copies of the following:

		(a)  Two notarized copies of his letters to his girlfriend, who was now his wife, pertaining to his wound, the Army Commendation Medal, and Purple Heart. In the letters, he stated that they had just gotten the hell kicked out of them again.  They got hit on the tenth and “he” had blown up six more pads of ammunition.  The bad thing that time was they were near where he worked.  He was knocked 5 feet out of his chair, he passed out or went into shock or something, and his man had to pull him out.  The only thing he received was cut-up legs, mostly on his knees.  He was okay, but that was really too close to getting killed.  

		(b)  A Standard Form (SF) 93 (Report of Medical History) which shows he underwent an examination for the purpose of separation on 15 October 1969 and he indicated an explosion in Vietnam contributed to hearing loss in his left ear.

		(c)  A VA Report of Medical Examination for Disability Evaluation which shows he underwent an examination on 7 March 1974 for the purpose of compensation.  The report noted his left knee contained two shallow small scars on the anterior aspect of the left-knee, well healed, that was from the shrapnel wound.

		(d)  A Report of Morning Report Search, dated 1 April 1974, which stated for the period 1 February through 30 April 1969 the applicant was listed but no remarks were shown on his injury.  

		(e)  An SF 180 (Request Pertaining to Military Record) wherein he requested correction of his DD Form 214 to show award of the Purple Heart on 10 March 1969.

   b.  A letter, dated 3 January 1978, wherein the Director, Personnel Services, advised him that a thorough review of his military records had been made; however, no information was found to show he was injured or wounded as the result of action against the enemy.  In the absence of such record there was no authority whereby the Purple Heart could be awarded.  Since that office was unable to grant the relief he requested, his application and records were being forwarded to the ABCMR for further consideration.

10.  His record is void of any evidence his request was adjudicated by the Board.

11.  Orders Number 97-036-029 issued by Headquarters, USAR Command on 5 February 1997 reassigned him to the Retired Reserve with an effective date of 13 January 1997.

12.  He provided copies of the following:

   a.  Orders Number P08-790766 issued by the U.S. Army Human Resources Command (HRC) on 30 August 2007 placing him on the Retired List in the retired grade of command sergeant major on 11 September 2007.

   b.  A letter, dated 22 March 2011, wherein the HRC, CRSC Branch, advised him of award of CRSC for the following combat-related disabilities:

* Ischemic heart disease, status post stent and coronary artery bypass surgery
* Bilateral hearing loss
* Post-traumatic stress disorder (PTSD)
* Residuals of furuncles, left thigh and shall fragment wound scars, anterior aspect of left knee
* Bilateral tinnitus

   c.  Two letters, dated 27 February 2012 and 26 December 2013, wherein the VA advised him of award of a combined service-connected disability rating of 40% for the following conditions:

* Ischemic heart disease, status post stent and coronary artery bypass surgery
* PTSD
* Bilateral tinnitus
* Residual of sunburn, lower lip
* Eczematoid dermatitis, hands, mild residuals of furuncles, left thigh and shall fragment wound scars, anterior aspect of left knee
* Bilateral hearing loss
* Scars, status post coronary artery bypass grafting (associated with ischemic heart disease status post stent and coronary artery bypass surgery

13.  Army Regulation 600-8-22 (Military Award) states the Purple Heart is awarded for a wound sustained as a result of enemy 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.  There is insufficient evidence of record and the applicant provided none to show he sustained injuries as a result of enemy action during his period of service in Vietnam which clearly justified award of the Purple Heart.  Additionally, his complete Army medical records, which are necessary to confirm that treatment was required, are not available for review.

2.  By regulation, to be awarded the Purple Heart it is necessary to established that a Soldier was wounded or injured in action.  There must be evidence confirming the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record.

3.  Notwithstanding his award of CRSC and a VA service-connected disability rating for his combat-related disabilities, there is insufficient evidence to support his request for award of a Purple Heart for his period of service in Vietnam.

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)                                         AR20140001054





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ABCMR Record of Proceedings (cont)                                         AR20140001054



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