IN THE CASE OF:	  

		BOARD DATE:	  10 March 2015

		DOCKET NUMBER:  AR20140012936


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart.

2.  The applicant states he received a shrapnel injury to his lower left leg from a possible booby trap while in the Republic of Vietnam (RVN) in 1968.  He was in the field hospital for 2 days and then had a week of light duty.  His records were lost.  He contends he was injured just like other veterans in the RVN were and feels he deserves to receive the Purple Heart.

3.  The applicant provides copies of:

* A letter, Department of Veterans Affairs (VA) written on 4 November 2013
* A VA Claim Decision, dated 1 November 2013
* A letter of support from a former Soldier, undated

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 13 December 1967, the applicant was inducted into the Army of the United States.  He was trained as a radio teletype operator.

3.  On 14 June 1968, the applicant departed Fort Gordon, Georgia for duty in the RVN.

4.  On 26 July 1968, the applicant was assigned for duty as a radio operator with Company A, 124th Signal Battalion, 4th Infantry Division.

5.  On 14 July 1969, he departed the RVN and returned to the United States.

6.  On 15 July 1969, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5 and had completed 1 year, 
7 months, and 2 days of creditable active duty service.

7.  The applicant's DD Form 214 indicates he was awarded the:

* National Defense Service Medal
* RVN Campaign Medal
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

8.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

	a.  in Item 38 (Record of Assignments) - entry indicating he was a patient;

	b.  in Item 40 (Wounds) - no entry indicating he was wounded in action; and

	c.  in Item 41 (Awards and Decorations) - the same awards as listed on his DD Form 214.

9.  The applicant’s name is not listed on the Vietnam Casualty Roster.

10.  The applicant’s service medical records were not available for review.

11.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders for the Purple Heart pertaining to the applicant.  ADCARS is 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.

12.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

13.  The letter of support, as provided by the applicant, states that the author observed the applicant from behind just outside of their bunker when a loud report occurred and the applicant went down.  The author ran to his side and saw that he was injured in the left leg.  He took the applicant to the division medical facility and informed the company clerk of what had happened.  The author is sure the applicant was away from the unit for at least 2 days and had to be transported for about a week before he was permitted to walk on his leg again.

14.  The documents from the VA, as provided by the applicant, indicate that he was awarded service connection for a shrapnel injury to his left leg.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his military records should be corrected to show award of the Purple Heart based on an injury he sustained while in the RVN.

2.  The Vietnam Casualty Roster does not contain the applicant's name.  The applicant's DA Form 20 does not indicate he received any wounds while in action or that he had been in a patient status at any time.

3.  The applicant states that his injury possibly resulted from a booby trap.  This indicates that he is not sure if his injury was the result of an enemy action or an accidental explosion of some other device not delivered by the enemy.

4.  The letter of support makes no mention of what caused the applicant's injury and does not clearly state that the injury was the result of enemy action.

5.  The documentation from the VA grants the applicant service connection for the injury, but offers no evidence pertaining to the circumstances of his injury.

6.  In view of the above, the available evidence is insufficient to show that the applicant was wounded as a result of enemy action.  Therefore, there is an insufficient basis for awarding him the Purple Heart or for adding this award to his DD Form 214.

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)                                         AR20110020295



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ABCMR Record of Proceedings (cont)                                         AR20140012936



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