IN THE CASE OF:	  

		BOARD DATE:	  10 March 2015

		DOCKET NUMBER:  AR20140012934


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 (PH).

2.  The applicant states:

   a.  to his surprise, his previous ABCMR Proceedings that directed correction of his record to add the Bronze Star Medal (BSM), lists on page 2, item 3, his combat wounds received in action on 21 September 1969;
   
   b.  he never received the PH nor was it noted on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and
   
   c.  he never sought a resolution for the award of the PH because he was told the record of his injury was lost or destroyed.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of United States Report of Transfer or Discharge).

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 29 November 1967.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam on 13 May 1968 to 11 May 1969.  Item 40 (Wounds) contains a blank entry and item 41 (Awards and Decorations) does not include the PH among its list of awards.  

4.  Item 38 (Record of Assignments) of his DA Form 20 also shows he was assigned as a "team leader" with Company C, 2nd Battalion, 52nd Infantry Regiment, Fort Hood Texas on 19 June 1969 and this is where he remained until he was released from active duty (REFRAD) on 28 November 1969.  He last authenticated this document verifying the information thereon on 23 June 1969.

5.  The DD Form 214 issued upon his REFRAD shows he completed 2 years of creditable military service.  It does not list the PH.

6.  His official military personnel file (OMPF) does not contain an order or any other documents indicating he was ever recommended for or awarded the PH by proper authority.  Also, it does not contain any evidence showing he sustained a combat-related wound.

7.  ABCMR Proceedings Docket Number AR20130008916, dated 12 February 2014, considered and approved the applicant's request to add the BSM to his DD Form 214 based on the corroborating award order contained in his OMPF.  Page 2, paragraph 3d of these proceedings “indicates item 40 of his DA Form 20 shows he sustained a fragmentation wound to his left upper arm on 21 September 1969.”

8.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam Casualty Roster.  There is no entry pertaining to the applicant.


9.  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 United States Army Human Resources Command, failed to reveal any orders for the PH pertaining to the applicant.

10.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH.  It states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends entitlement to the PH and indicates he never sought this award before because he was told evidence of his wounding was either lost or destroyed.  He now submits a claim for the PH based on a statement contained on his prior ABCMR Proceedings that indicates item 40 of his DA Form 20 shows he sustained a combat-related wound on 21 September 1969.

2.  However, the evidence of record in this case clearly shows that item 40 of his DA Form 20 is blank.  It also shows he only served in the RVN from 13 May 1968 through 11 May 1969, and that he was reassigned to Fort Hood Texas on 19 June 1969.  Therefore, unless he sustained a fragmentation wound to his upper left arm while assigned to Fort Hood on 21 September 1969, it appears the entry contained in his ABCMR Proceedings Docket Number AR20130008916 was listed in error.  The applicant's name is not included on the Vietnam Casualty Roster and there are no orders maintained in ADCARS announcing his award of the PH.  Absent evidence to corroborate he was wounded as a result of enemy action and that he was treated for those wounds by military medical personnel while serving in Vietnam the evidence he provides is insufficient to show he met the criteria for award of the Purple Heart.

3.  The applicant and all others concerned should know that this action related to award of the PH in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.


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)                                         AR20140012934



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ABCMR Record of Proceedings (cont)                                         AR20140012934



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