IN THE CASE OF:	  

		BOARD DATE:	  4 November 2014

		DOCKET NUMBER:  AR20140005341 


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 served in the Army and was assigned to the 46th Ordnance Company, in Cam Ranh Bay, Vietnam.  He sustained a shrapnel wound in his left ankle from an explosion while on duty.  He was hospitalized from May 1970 to June 1970 at Madigan General Hospital, Tacoma, WA.  He certifies that the injury to his left ankle was a wound from indirect fire in the line of duty (LOD) in Vietnam.  He has evidence stating that he should receive the Purple Heart for this injury while on active duty.  His medical records were lost.

3.  The applicant provides copies of the following:

* Army Commendation Medal certificate
* Special Orders (SO) Number 134
* Record Courier Designation
* Standard Form (SF) 88 (Report of Medical Examination) (two copies)
* SF 600 (Health Record – Chronological Record of Medical Care)
* DA Form 3349 (Medical Condition – Physical Profile Record) (two copies)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* three alleged photographs of himself




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 was inducted into the Army of United States on 20 August 1968.  He was awarded military occupational specialty 55B (ammunition storage specialist).  He served in Vietnam from 4 February 1969 through 25 June 1970.

3.  He provided copies of the following:

   a.  An Army Commendation Medal certificate, dated 3 December 1969, awarding him this award for meritorious achievement in Vietnam during the period July 1969 to August 1969.

   b.  SO Number 134, issued by Headquarters, U.S. Army Support Command Cam Ranh Bay, on 14 May 1970, transferring him to the Fort Lewis,  WA Transfer Station for separation processing.

   c.  A Record Courier Designation, dated 19 May 1970, designating another Soldier as the courier of the applicant's military records and both the individuals concerned and the applicant would depart of flight number X2C4 on the same day.

   d.  An SF 88 which shows he underwent a physical examination at the Madigan General Hospital on 24 June 1970 for the purpose of separation.  He indicated on the form he had a scar on the side of his left ankle and a healing wound on the left ankle.  He was found qualified for separation.

   e.  An SF 600 which shows he was:

* hospitalized from 19 May 1970 to 25 June 1970
* diagnosed with cellulitis (noncontagious spreading bacterial skin infection) of the foot
* received treatment for a split thickness skin graft (STSG) of the left thigh and foot on 24 May 1970
* discharged to duty for expiration of term of service (ETS)

   f.  A DA Form 3349, dated 25 June 1970, which shows he was:

* medically qualified for duty without limitations
* assigned a physical profile of 1-1-1-1-1-1 for abrasion and cellulitis of the left foot
* underwent an STSG of the left thigh and foot on 24 May 1970

   g.  Three alleged photographs of himself he contends were taken during his hospitalization.

4.  He was honorably released from active duty on 25 June 1970, as an overseas returnee, and was transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows he was awarded or authorized the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

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

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Records) does not show he was wounded in action while serving in Vietnam.  Item 41 (Awards and Decorations) of this form lists all the awards shown on his DD Form 214.

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

8.  His records do not contain a Western Union message, telefax, or an official Army message listing him as a casualty.   

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

10.  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.

11.  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 no evidence of record and the applicant provided none to show he sustained a wound/injury as a result of enemy action, received treatment, and that treatment was made a matter of official record for award of the Purple Heart. Additionally, his complete medical records, which are necessary to confirm that treatment was required, are not available for review.  Item 40 of his DA Form 20 does not show he was wounded.  His name is also not listed on the Vietnam casualty roster.

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 contentions and his sincerity, in the absence of evidence, there is insufficient evidence upon which to base award of the Purple Heart.  Therefore, he is not entitled to award of the Purple Heart.

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)                                         AR20140005341





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ABCMR Record of Proceedings (cont)                                         AR20140005341



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