IN THE CASE OF:	  

		BOARD DATE:	  5 May 2015

		DOCKET NUMBER:  AR20140016754 


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 reflect award of the Purple Heart.

2.  The applicant states:

* his DD Form 214 should reflect award of the Purple Heart
* he was hospitalized in Saigon, Vietnam, in October 1969 for injuries sustained from an incoming mortar explosion, leaving him with shrapnel in his right shoulder
* he was asked to go with other Soldiers from the hospital to the home of the Ambassador to Vietnam
* he was attached to the 196th Infantry Division (sic) at the time

3.  The applicant provides:

* photograph of himself purportedly taken during his hospital stay in Saigon, Vietnam
* letter from Winnebago County Department of Veterans Services

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 enlisted in the Regular Army on 1 October 1968 and served as a light vehicle driver.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from on or about 18 May 1969 to 13 April 1970 where he was assigned to the 23d Administration Replacement Detachment, Company C, 3d Battalion, 21st Infantry Regiment, 196th Infantry Brigade, and Company B, 23d Supply and Transport Battalion.

4.  Item 40 (Wounds) of his DA Form 20 contains the lined-through entry "Drug Injection" with a date of 14 October 1969.

5.  His records contain multiple documents, to include Western Union telegrams, casualty reports, a DD Form 261 (Report of Investigation – Line of Duty and Misconduct Status), a DA Form 2173 (Statement of Medical Examination and Duty Status), and a Certificate of Psychiatric Evaluation, addressing the applicant's admittance to the 91st Evacuation Hospital on 14 October 1969 due to a self-ingested malarial drug overdose.

6.  A subsequent line-of-duty investigation determined the applicant was mentally unsound at the time of the 14 October 1969 drug overdose and found his resulting hospitalization was in the line of duty.

7.  There is no evidence of record and the applicant has not provided any evidence showing he was treated for shrapnel wounds he received to his shoulder resulting from a mortar attack while serving in Vietnam.

8.  On 28 April 1970, while home on leave after completing his tour of duty in Vietnam, the applicant was injured in a bar fight in an attempt to break up a dispute between his brother and a third party.  It was determined that the assault by the third party was unprovoked and could not have reasonably been foreseen; thus his injury was found to have been in the line of duty.  The resulting injuries from this incident were severe enough to render him unfit for continued service as determined by a physical evaluation board which convened on 7 April 1971.

9.  He was honorably discharged on 19 May 1971 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) due to physical disability with entitlement to receipt of disability severance pay.

10.  His records do not contain orders awarding him the Purple Heart.

11.  Army Regulation 600-8-22 (Military Awards) provides that 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.  Examples of injuries or wounds which clearly do not justify award of the Purple Heart are disease not directly caused by enemy agents and self-inflicted wounds.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to reflect award of the Purple Heart was carefully considered.

2.  The Purple Heart is awarded for a wound or injury sustained in action against an enemy or as a result of hostile action.

3.  The applicant's records show he ingested an overdose of malaria medication while serving in Vietnam for which he was hospitalized.  This incident was found to be in the line of duty as it was determined that the applicant was not mentally sound at the time of his drug overdose.  Although found to be in the line of duty, this injury was self-inflicted and not the result of engagement with the enemy.

4.  There is no evidence of record indicating the applicant was wounded as the result of a mortar explosion or any other hostile action which required medical treatment while serving in Vietnam.

5.  In view of the foregoing, there is no basis for granting the requested relief.



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 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)                                         AR20140016754



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ABCMR Record of Proceedings (cont)                                         AR20140016754



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