IN THE CASE OF:	   

		BOARD DATE:	  4 December 2014

		DOCKET NUMBER:  AR20140006922 


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 and correction of his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the award.

2.  The applicant states he served in the Republic of Vietnam (RVN) and was wounded on his left foot, on 2 May 1968, by shrapnel from an incoming mortar and the medical treatment is recorded in his medical records.

3.  The applicant provides copies of two medical documents and a letter.

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 appointed as a Reserve commissioned officer of the Army, in the rank of second lieutenant, on 29 July 1966.  He was ordered to active duty on 21 April 1967 and awarded specialty 4815 (Mechanical Maintenance Officer).

3.  His DA Form 66 (Officer Qualification Record) shows in –

* item 17 (Foreign Service), he served in Vietnam from 28 January 1968 through 23 January 1969
* item 18 (Record of Assignments):  Headquarters and Company A, 
725th Maintenance Battalion, 25th Infantry Division, from 7 February 1968 through 20 January 1969
* item 21 (Awards and Decorations) does not list the Purple Heart

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 26 January 1969.  He had completed 1 year, 9 months, and 6 days of active duty service this period that included 11 months and 25 days of foreign service.  It does not list the Purple Heart.

5.  A review of the applicant's military personnel record failed to reveal any orders or other evidence that shows he was awarded the Purple Heart.

6.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster failed to reveal the applicant's name.

7.  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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

8.  In support of his application the applicant provides the following documents:

   a.  a  DD Form 689 (Individual Sick Slip), dated 2 May (year left off or illegible), that shows the applicant sought treatment for an injury;

   b.  a Standard Form (SF) 600 (Chronological Record of Medical Care), dated 2 May 1968, that does not identify the individual who was treated for a "cut on left foot – superficially infected laceration left foot;" and

   c.  a letter written by David A. M------- to the applicant, on 17 June 2010.  He recounts that they served in Chu Chi, RVN and recalls an enemy mortar attack "in the early part of May" that "commenced around 2300 hours" near their hooch.
He states, in pertinent part, "You and I were running to the bunker when the mortar landed, exploded sending hot shrapnel everywhere."  He adds, "We made it to the bunker and waited for the all clear, during that time it was noticed that your foot was bleeding.  I received some shrapnel burns on my left thigh and back.  You went to the Medics and had your wound attended to and stitched.  You went back to duty with one boot on one foot and a shower tong on the other.  My wounds were dressed by the medic in the Hooch area."

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The Purple Heart is awarded to any member who was wounded or killed in action or as a result of enemy action.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim to the Purple Heart was carefully considered.
   
   a.  The letter he provides, written more than 42 years after the incident under review, shows the writer DID not specifically identify the date of the incident.
   
   b.  The medical documents show he sought treatment for an injury on 2 May and that treatment occurred, on 2 May 1968, for a "cut on left foot – superficially infected laceration left foot."  However, the medical records do not support the application in that a wound does not immediately become infected.  Moreover, the medical records do not show the injury was a result of enemy action.

2.  The applicant's available military service records do not show any evidence that he was wounded or injured in action as a result of a hostile act of the enemy.

   a.  The applicant's name is not listed on the Vietnam casualty roster.

   b.  There is no evidence that shows he was awarded the Purple Heart.

3.  Therefore, in view of all of the foregoing, it is concluded that there is an insufficient evidentiary basis to grant the applicant's request.


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)                                         AR20140006922



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140006922



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1