IN THE CASE OF:	  

		BOARD DATE:	    6 November 2014

		DOCKET NUMBER:  AR20140005760 


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 was in the 1st Evacuation (EVAC) Hospital while in Vietnam on 5 February 1971.  Due to loss of memory while on a convoy which was attacked, he was in the hospital but he doesn't know how he got there.  He doesn't know how he got to the compound; other symptoms also occurred.  His doctor states there was a concussion and/or his body’s self-defense won't let him remember anything about the attack.  He states his Regular Army (RA) number was entered incorrectly, the form never got to St. Louis for processing, and there was an oversight in not entering the Purple Heart on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) or in his 
DA Form 201 (Military Personnel Records Jacket (MPRJ)) file.

3.  The applicant provides:

* a Standard Form (SF) 600 (Chronological Record of Medical Care)
* his DD Form 214 with a separation date of 31 July 1989

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.  On 24 January 1969, he enlisted in the RA.  His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he was assigned an Army service number (ASN) as the primary source of identification.  He immediately reenlisted on 17 January 1970 and on 19 November 1970 for 3 years.  His social security number (SSN) was used as his service number.  His ASN was no longer shown on his DD Forms 4.

3.  His official military personnel file (OMPF) contains a DA Form 20 (Enlisted Qualification Record) covering the period 24 January 1969 to 1 December 1974 that shows in:

* item 38 (Record of Assignments) – he was assigned to the 21st Aviation Company in the Republic of Vietnam from 28 January 1971 to 3 November 1971
* item 40 (Wounds) – no entries describing wounds or injuries received as a result of enemy action that required medical treatment
* item 41 (awards and Decorations) – no entry showing he was awarded the Purple Heart

4.  On 20 September 1973, he immediately reenlisted for 4 years.  His OMPF did not contain DD Forms 214 for the periods 24 January 1969 to 19 September 1973.

5.  On 1 August 1977, he immediately reenlisted for 3 years.  His DD Form 214 for the period from 20 September 1973 to 31 July 1977 does not show he was awarded the Purple Heart.

6.  He immediately reenlisted on 10 June 1983 and 14 December 1987.  On 
31 July 1989, he was retired and placed on the Retired List the following day.  His DD Form 214 for the period from 1 August 1977 to 31 July 1989 does not show he was awarded the Purple Heart.

7.  There are no orders in his OMPF that show he was awarded the Purple Heart. 

8.  His name does not appear on the Vietnam casualty roster.
9.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the HRC, failed to reveal any orders that show he was awarded the Purple Heart.

10.  At the time of the applicant's first enlistment, Soldiers were identified by their ASN.  The Army discontinued using the ASN as an identifier and began using the SSN on 1 July 1969.  

11.  The applicant provided an SF 600 showing he was treated at the 91st EVAC hospital on 5 February 1971.  The form identifies the applicant using his SSN instead of his ASN.  According to the entry he got up that morning with a fever, dizziness, and weakness.  It was noted he had been in-country for 2 months.  The examiner noted there was no sore throat, cough, painful urination, or diarrhea.  Examination was negative except for swelling of the glands in the front of his throat and an extremely red throat.  The examiner indicated possible strep throat and treated him with penicillin and aspirin and placed him on quarters for 48 hours.

12.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that were received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.  This regulation further stated the date the wound or injury occurred would also be placed in item 40.

13.  Army Regulation 672-5-1 (Military Awards), then in effect, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who while serving under competent authority in any capacity with one of the U.S. Armed Services had been wounded, killed, or who had died as a result of a wound sustained as a result of hostile 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.

	b.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.  All personnel treated and released within 
24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his RA number was entered incorrectly on the SF 600.  The Army started using SSNs as the primary source of identification on 1 July 1969.  At the time of his treatment at the 91st EVAC hospital the Army was using the SSN instead of the ASN.  Therefore, the service number on the SF 600 he submitted correctly identifies him with his SSN. 

2.  He contends the SF 600 never got to St. Louis for processing.  However, if he had met the requirements for the award of the Purple Heart his unit commander would have made the award.  If he had been hospitalized in excess of 24 hours the hospital commander rendering treatment would have made the award.  There was no reason for the form to be sent to St. Louis for processing for the award of the Purple Heart.

3.  Item 40 of his DA Form 20 does not contain any entries indicating he was wounded as a result of hostile or enemy action.  There are no orders in his OMPF or on ADCARS that show he was awarded the Purple Heart.  His name does not appear on the Vietnam casualty roster.

4.  The SF 600 he provided did not show any evidence he was wounded as a result of hostile or enemy action.  The form showed he was treated for possible strep throat on 5 February 1971.

5.  Therefore, in the absence of evidence showing he was wounded as a result of hostile action, that the wound required treatment by medical personnel, and that the treatment was made a matter of official record, there is an insufficient evidentiary basis for awarding 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)                                         AR20140005760



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ABCMR Record of Proceedings (cont)                                         AR20140005760



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