IN THE CASE OF:  	  

		BOARD DATE:  14 October 2014	  

		DOCKET NUMBER:  AR20140003549 


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.  He states:

* he served in the Army from 23 July 1969 to 22 July 1971, and was assigned to the 1st Aviation Brigade at Can Tho Army Base in Vietnam
* on 9 January 1970, the base came under mortar attack and he sustained shrapnel wounds to the right side of his head, ear, and body
* he was transported to the Field Hospital and received stitches in his ear 
* he was told that running to a bunker during a mortar attack did not constitute combat conditions for award of the Purple Heart
* being young, scared, and not one to question authority, he never pursued the issue
* the Veterans Service Officer told him he thinks he was entitled to the Purple Heart
* on 16 May 1970, his billet took a direct hit from a mortar attack and he was rendered unconscious and fell down the stairs
* he sustained cuts, scrapes, bruising, and broken ribs, but cannot state how he sustained them
* other members were injured, but he has not been able to locate one in order to obtain a buddy statement
* for some unexplainable reason, the treatment he received is not in his medical file


3.  He provides:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* one page of his medical records
* a memorandum from the Department of Veterans Affairs (VA)

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 record shows he was inducted into the Army of the United States on 23 July 1969.  He served in Vietnam from 15 December 1969 to 
16 November 1970.

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

	a.  item 38 (Record of Assignments) he was assigned to Headquarters and Headquarters Company, 164th Aviation Group (Combat) from 18 December 1969 to 15 November 1970;

	b.  item 40 (Wounds) is blank; and 

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

4.  He submitted a page of his medical records, which shows he was treated for a laceration on his ear on 9 January 1970.

5.  On 22 July 1971, he was released from active duty.  He had completed
2 years of active service.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), one Overseas Service Bar, and the Army Commendation Medal.
6.  He submitted two buddy statements, dated 25 and 31 May 2012, from former members of his unit who indicate that they were witness to the applicant being wounded during mortar attacks on two separate occasions.

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

8.  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.

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

10.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  It 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 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.  The medical record that the applicant provided state that he was treated for a laceration to his ear on 10 January 1970.  However, his record does not state this injury was the result of enemy combat.

4.  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 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)                                         AR20140003549





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ABCMR Record of Proceedings (cont)                                         AR20140003549



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