IN THE CASE OF:	  

		BOARD DATE:	  25 June 2015

		DOCKET NUMBER:  AR20140018978 


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 removal of the Purple Heart from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the Purple Heart is in his records but he never bothered to have it changed.  He marked it off on his copy (of the DD Form 214) years ago but did not know what to do to get it corrected.  He recently lost his brother who was also a Vietnam Veteran.  He saw how important it was to have the correct information on it.  He has never tried to use this to his advantage in any way.  If the Board could send him a corrected version he would greatly appreciate it. When he passes he wants everything correct and he does not want credit for anything he did not earn.

3.  On 26 November 2014, a staff member of the Case Management Division, Army Review Boards Agency contacted the applicant to clarify the relief he is requesting.  He stated he would like the Purple Heart removed because he was not injured or had any wounds.

4.  The applicant does not provide any 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's records show he enlisted in the Regular Army on 13 March 1967 and he held military occupational specialty 36C (Lineman).

3.  He served in Vietnam from on or about 19 August 1967 to on or about 11 August 1968.  He was assigned to Company C, 124th Signal Battalion, 4th Infantry Division.

4.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows the entry "fragment wound to the back, 2 February 1968."  Army Regulation   600-200 (Enlisted Personnel Management System), chapter 9, stated 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 that the date the wound or injury occurred would also be placed in item 40.

5.  General Orders Number 599, issued by Headquarters, 4th Infantry Division, on 9 February 1968, awarded him the Purple Heart for wounds received in action on 2 February 1968 while assigned to Company C, 124th Signal Battalion, in Vietnam.

6.  Following completion of his Vietnam tour, he served in Germany from September 1969 to February 1970.  He was honorably released from active duty in the rank/grade of specialist four/E-4 on 27 February 1970. 

7.  His DD Form 214 shows the Purple Heart listed among his authorized awards.  

8.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  While clearly an individual decoration, the Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather he or she is entitled to it upon meeting specific criteria.  Substantiating evidence must be provided to verify that 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 enemy-related injuries which clearly justify award of the Purple Heart include injury caused by shrapnel or other projectile created by enemy action.  

9.  Army Regulation 15-185 (ABCMR) states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for the Purple Heart require the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  The applicant's DA Form 20 shows he sustained a fragment wound to the back on 2 February 1968.  The regulation governing the DA Form 20 required a brief description of wounds or injuries requiring medical treatment received through hostile or enemy action to be entered in item 40.  The regulation also stated the date of the wound/injury would be entered in item 40.

3.  The applicant's service records further confirm that his award of the Purple Heart was properly announced in General Orders.

4.  Notwithstanding the applicant's sincerity, the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  Here, the preponderance of the evidence does not support his contention that he was not wounded or injured in action.  As a result, there is insufficient evidence to support removing the Purple Heart from his records. 

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)                                         AR20140018978





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140018978



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1