IN THE CASE OF:  	  

		BOARD DATE:  21 October 2014	  

		DOCKET NUMBER:  AR20140004967 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show three awards of the Purple Heart.

2.  The applicant states his helicopter was shot down three times in the Republic of Vietnam (RVN).  After each time, he received a Purple Heart.  He still has two of them but has lost the third medal.  He put in a claim to the Department of Veterans Affairs (VA) for medical benefits; however, he needs to prove he was awarded these Purple Hearts.

3.  The applicant provides a copy of a letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 28 February 2014, with the following enclosures:

* Standard Form (SF) 88 (Report of Medical Examination) dated 8 January 1971
* DD Form 47 (Record of Induction) dated 8 January 1971
* SF 601 (Immunization Record) last dated 22 November 1971
* DA Form 2658 (Health Record – Abstract of Service) dated 3 May and       6 December 1971
* SF 603 (Dental), last dated 1 May 1972
* PHS-731 (International Certificates of Vaccination) last dated                   26 September 1972
* SF 600 (Chronological Record of Medical Care) dated 4 October 1972
* SF 88 dated 9 October 1972
* DD Form 214 for the period ending 9 October 1972
* DA Form 20 (Enlisted Qualification Record)
* Orders 01-1019021, issued by the Reserve Components Personnel and Administration Center (RCPAC), St. Louis, MO on 26 January 1977

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.  Evidence of record and background information indicates:

	a.  On 24 February 1971, the applicant was inducted into the Army of the United States.  He was trained as a cook.

	b.  On 7 December 1971, he departed Fort Jackson, SC for duty in the RVN.

	c.  On 29 January 1972, he was assigned for duty as a clerk typist with the 120th Transportation Company.

	d.  On 4 August 1972, he was reassigned to the 91st Combat Support Battalion for duty as a clerk typist.

	e.  On 9 October 1972, he departed the RVN and returned to the United States.

	f.  On 9 October 1972, the applicant underwent a medical examination for the purpose of separation.  His SF 88 shows his health was good.  It made no mention of any wounds or injuries that may have been received while he was assigned to the RVN.

	g.  On 9 October 1972, he was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 7 months and 16 days of creditable active duty service.
3.  The applicant's DD Form 214 indicates he was awarded the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960), which is identified as the "Vietnam Campaign Medal."

4.  His DA Form 20 shows:

	a.  in Item 38: (Record of Assignments): no entry indicating he was a patient;

	b.  in Item 40 (Wounds): no entry indicating he was wounded in action; and

	c.  in Item 41 (Awards and Decorations): the same awards listed on his       DD Form 214.

5.  His name is not listed on the Vietnam casualty roster.

6.  A review of the service medical records he provided failed to show any evidence of his having been wounded as a result of enemy action.

7.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his military records should be corrected to show he was, on 3 separate occasions, awarded the Purple Heart.  He contends that on three occasions the helicopter he was in was shot down, and after each occasion, he received the Purple Heart.



2.  There are no available general orders that awarded him the Purple Heart.  The Vietnam casualty roster does not contain his name.  His DA Form 20 does not indicate he received any wounds while in action or that he had been in a patient status at any time.

3.  He makes no mention of ever being wounded in action or of receiving medical treatment for any such wound.  A review of the service medical records to include his SF 88 for separation does not show any evidence of his being wounded or injured while in the RVN.

4.  He only states that he went down with the helicopter.  This does not meet the criteria for award of the Purple Heart.

5.  In view of the above, the available evidence is insufficient to show he was wounded as a result of enemy action or that he received medical treatment for any such wounds.

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)                                         AR20110020295



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ABCMR Record of Proceedings (cont)                                         AR20140004967



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