IN THE CASE OF:    

		BOARD DATE:  30 June 2015	  

		DOCKET NUMBER:  AR20140019952 


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.  he wishes to be reconsidered for the PH due to an injury he incurred whiles serving in Vietnam; and
   
   b.  he was wounded by shrapnel in Vietnam when his helicopter was hit by a rocket propelled grenade (RPG).

3.  The applicant provides:

* letter of support
* Vet Center letter from Culver City, CA
* Department of Veteran Affairs (VA) Rating Decision
* five Xeroxed photographs

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 11 August 1970.  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 (RVN) from 7 January 1971 to 3 August 1972.  Item 40 (Wounds) contains no entries and the PH is not included among the list of awards shown in item 41 (Awards and Decorations).

4.  His record does not contain an order or any other documents indicating he was ever recommended for or awarded the PH by proper authority.  

5.  On 5 August 1972, the applicant was honorably released from active duty with 1 year, 11 months, and 25 days of creditable active duty service of which 1 year, 6 months and 29 days was foreign service.  The DD Form 214 issued him at that time shows he earned the following awards:

* National Defense Service Medal
* Vietnam Service Medal 
* RVN Campaign Medal with Device 1960

6.  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.

7.  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 U.S. Army Human Resources Command, failed to reveal any orders for the PH pertaining to the applicant.

8.  The applicant provides a letter of support from an individual who states he was also wounded in Vietnam in May 1972.  He states:

* he received medical treatment at the Bien Hoa Army Base, where he met the applicant
* the applicant told him a piece of shrapnel was lodged into his left shin when his chopper was hit underneath by an RPG

9.  The applicant provides a letter of support from a Vet Center licensed clinical social worker.  He summarizes the applicant's honorable character and states the applicant did not pursue the PH because he did not see the importance of the award when faced with the deaths of his peers in Vietnam.  He is only applying for it now at the urging of his counselor to leave a legacy of his service in Vietnam and in the Army for his children.

10.  The applicant provides a VA Rating Decision that shows he was granted service connection for "scar, shrapnel wound, left anterior shin, claimed as residual left leg scar, status-post shrapnel wound" at zero percent.

11.  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 a medical officer, and a record of this medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

Notwithstanding the sincerity of the applicant's contentions, there is no evidence showing he suffered a combat wound as a result of enemy action.  Item 40 of the applicant's DA Form 20 is blank and his name is not listed on the Vietnam Casualty Roster.  In addition, his letters of support reiterate information originally provided to the authors by the applicant and are not actual accounts of events viewed by these individuals as witnesses who were present during the applicant's wounding.  Absent historical evidence to corroborate his wounding as a result of enemy action and documentation showing he was treated for those wounds by military medical personnel, there is insufficient evidence to show he met the criteria for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action 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



      _______ _   _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)                                         AR20140019952



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ABCMR Record of Proceedings (cont)                                         AR20140019952



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