IN THE CASE OF:	  

		BOARD DATE:	  30 September 2014

		DOCKET NUMBER:  AR20140003362 


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 the Purple Heart was presented to him by Congressman Ernie Fletcher on 31 March 1999; however, the award is not present in his military records.  He further states he discovered the award was missing from his records when he requested to receive a Purple Heart license plate.

3.  The applicant provides:

* a document from the Veterans of Foreign Wars (VFW) announcing an Awards Ceremony
* a biography
* an article announcing VFW Awards
* a page from a Department of Veterans Affairs (VA) Rating Decision
* 2 pages of a Compensation and Pension Exam Report
* VA Form 119 (Report of Contact)

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 24 February 1969.  He completed training and he was awarded military occupational specialty 05C (Radio Teletype Operator).  

3.  His record shows he served in the Republic of Vietnam for the period 29 April 1970 to 14 February 1971.

4.  On 14 February 1971, the applicant underwent a separation physical.  The Standard Form (SF) 88 (Report of Medical Examination) contained in his records shows he was found qualified for separation from the service.  The applicant stated his physical condition was excellent and had not changed since his last physical.  Additionally, there is no evidence of a wound being recorded on this medical record.

5.  On 14 February 1971, he was honorably released from active duty.  The
DD Form 214 he received does not show award of the Purple Heart.

6.  The applicant's military records contain no medical records showing he was wounded in action or treated for a wound received as a result of enemy action.  His military records also do not contain orders awarding him the Purple Heart.

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

* item 40 (Wounds) no entry
* item 41 (Awards and Decorations) no entry for award of the Purple Heart

8.  A review of The Adjutant General's Office Casualty Division's Vietnam Casualty Listing does not show the applicant's name as a casualty.

9.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant.

10.  His record contains:

   a.  SF 600 (Chronological Record of Medical Care), dated 3 January 1971, which states the applicant received a blasting charge injury from an M73 (Mine) which injured the third finger on his left hand.
 
   b.  VA Form 21-6796 (Rating Decision),dated July 1971, in which it was noted the applicant injured the third finger of his left hand.
   
   c.  A Compensation and Pension Exam Report, dated 21 December 1995, in which the applicant claimed he received an injury to his left ring finger when he was ordered against his wishes to detonate an explosive device and in the process he received a laceration to his left ring finger.  He was very angry about the circumstance and stated the captain who ordered him to do it tried to cover up the circumstances of the injury.
   
   d.  A letter from the Chief, Personnel Support Division, U.S. Army Reserve Personnel Command, dated 20 July 1998, to a Representative in Congress which informed the representative that a review of the applicant's military and medical records failed to show he was wounded or orders awarding him the Purple Heart. 

11.  The applicant provides:

   a.  A document from the VFW announcing an awards ceremony on 31 March 1999.  The guest of honor is Representative Ernest Fletcher, U.S. Congress.
   
   b.  A news clipping entitled "VFW Awards" which notes three veterans were presented medals during a ceremony held at VFW Post 680 in Lexington, KY, by Congressman Ernie Fletcher.  The article states the applicant received the Purple Heart.

   c.  A page from a VA Rating Decision which shows the applicant receives          10 percent service-connected disability for a scar on the fourth digit of his left hand.

12.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request correction of his DD Form 214 to show award of the Purple Heart was carefully considered.

2.  Award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record.

3.  The applicant's service in the Republic of Vietnam and his sincerity are not in question.  However, his record contains insufficient evidence which confirm he was wounded as a result of enemy action or that he was treated for a combat-related wound or injury while serving in the Republic of Vietnam.  The regulatory burden of proof necessary to support award of the Purple Heart has not been met; therefore, it would not be appropriate to award the applicant the Purple Heart or to add it to his DD Form 214.

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)                                         AR20140003362



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ABCMR Record of Proceedings (cont)                                         AR20140003362



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