IN THE CASE OF:  	  

		BOARD DATE:  29 January 2015	  

		DOCKET NUMBER:  AR20140006177 


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 wounded on 21 May 1969 during the assault on Hill 937 (also known as Hamburger Hill) in Vietnam.  His medical records have never been found.  He recently located his former commander who will sign and verify any and all necessary documents to fulfill his request for award of the Purple Heart.  The applicant lists his former commander as counsel.

3.  The applicant provides no additional evidence.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel makes no request or statement and provides no additional evidence.

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 was inducted into the Army of the United States on 12 February 1968.  He completed basic and advanced individual training and he was awarded military occupational specialty (MOS) 64B (heavy vehicle driver).

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he departed Fort Hood, TX, en route to Vietnam on 5 November 1968, arriving on or about 13 December 1968.  He was briefly assigned to Headquarters and Headquarters Battery, 2d Battalion, 11th Artillery Regiment, 101st Airborne Division, from 2-10 January 1969 as a heavy vehicle driver.  On 11 January 1969, he was reassigned to Battery B, 2d Battalion, 11th Artillery Regiment, 101st Airborne Division, as a heavy vehicle driver until 12 April 1969.

4.  Item 22 (Military Occupational Specialties) of his DA Form 20 shows he was awarded primary MOS 13A (cannoneer) and secondary MOS 64B effective 13 April 1969.

5.  Item 38 of his DA Form 20 further shows he was assigned to Battery B, 2d Battalion, 11th Artillery Regiment, 101st Airborne Division, as a cannoneer from 13 April-30 July 1969 and as an assistant gunner from 31 July-9 December 1969.

6.  Item 40 (Wounds) of his DA Form 20 does not show he was wounded as a result of hostile action on or about 21 May 1969 or any other date.

7.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 9404, dated 23 July 1969, awarded him the Army Commendation Medal for meritorious achievement in the Republic of Vietnam during the period 1 January-31 May 1969.  These orders do not cite specific action on or about 21 May 1969.

8.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 11471, dated 30 August 1969, awarded him the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam during the period 1 January-31 August 1969.  These orders do not cite specific action on or about 21 May 1969.

9.  He departed Vietnam en route to the United States on or about 10 December 1969.

10.  He was honorably released from active duty on 13 December 1969.

11.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart.

12.  His DD Form 215 (Correction to DD Form 214) for the period ending 13 December 1969 issued by the U.S. Army Human Resources Command on 15 June 2012 does not show award of the Purple Heart.

13.  His medical records are not available for review.  His military personnel records contain no evidence showing he was wounded as a result of hostile action.

14.  The applicant is not listed on the Vietnam casualty roster.

15.  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 award of the Purple Heart pertaining to the applicant.

16.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment 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.

17.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.  The applicant's claim of entitlement to award of the Purple Heart was carefully considered.

2.  Award of the Purple Heart requires evidence verifying the wound was the result of hostile action, treatment of the wound by medical personnel, and documentation of the wound in official records at that time.

3.  There is no evidence in the available records showing he was wounded as a result of hostile action.  Notwithstanding his sincerity, his statement attesting to being wounded in action is insufficient evidence in and of itself to support award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20140006177



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ABCMR Record of Proceedings (cont)                                         AR20140006177



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