IN THE CASE OF:  	  

		BOARD DATE:  14 July 2015	  

		DOCKET NUMBER:  AR20140020800 


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 and correction of his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. 

2.  The applicant states while serving in combat in Vietnam, he was hit in the hand with shrapnel which came out the other side of his hand later.  He made contact with the medic who treated him at the time and it was the medic who felt he (the applicant) should get his records corrected. 

3.  The applicant provides a statement from the former medic.

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 30 October 1968 and he held military occupational specialty 31B (Field Radio Repairman).  He served in Vietnam from 5 June 1969 to 7 April 1970.  He was assigned to Troop A, 1st Squadron, 4th Cavalry, 1st Infantry Division. 

3.  Following completion of his Vietnam tour, he served at Fort Devens, MA, where he was discharged by reason of unfitness with an under honorable conditions (general) discharge.  

4.  His DD Form 214 does not show award of the Purple Heart; however, it does show he was awarded or authorized: 

* National Defense Service Medal 
* Vietnam Service Medal
* Bronze Star Medal (1st Oak Leaf Cluster)
* Army Commendation Medal with "V" Device
* Vietnam Campaign Medal with 1960 Device
* 2 Overseas Service Bars 
* Combat Infantryman Badge 

5.  Nothing in several typical sources shows he was wounded or injured as a result of hostile action.

	a.  His medical records are not available for review with this case.  Medical records confirm an injury or a wound occurred, if treatment was needed, and when treatment was rendered.  However, he provides a statement, dated 17 November 2014, from Mr. W---- P. Wi---- who states in 1969 he was assigned as a medic to Headquarters Platoon, A Troop, 1st Squadron, 4th Cavalry, in Vietnam.  After an engagement with the Viet Cong on 12 August 1969 in the vicinity of Quan Loi, he observed and treated a wound on [the applicant’s] hand.

	b.  General Orders Number 12816, issued by Headquarters, 1st Infantry Division, awarded the applicant the Army Commendation Medal with "V" Device for heroism on 12 August 1969.  The citation describes the applicant's actions on that date during a reconnaissance mission near Quan Loi.  The citation describes the applicant's actions but does not indicate he was wounded. 

	c.  Item 40 (Wounds) of his DA Form 20 does not show a combat wound or injury.  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 the date the wound or injury occurred would also be placed in item 40.

	d.  His personnel records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound sustained in action.  This was the proper notification procedure for injuries at the time.

	e.  His name is not shown on the Vietnam casualty listing.  This is a listing of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart.

	f.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.

6.  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.  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 are as follows:

* injury caused by enemy bullet
* shrapnel or other projectile created by enemy action
* injury caused by enemy placed mine or trap
* injury caused by enemy released chemical, biological, or nuclear agent
* injury caused by vehicle or aircraft accident resulting from enemy fire and/or concussion injuries caused as a result of enemy generated explosions

7.  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 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.  Unfortunately, the statement provided by the former unit medic is not corroborated by any documentary evidence.  One of the conditions for award of the Purple Heart is that medical treatment must have been made a matter of official record.  Neither the applicant nor the former unit medic have provided evidence indicating medical treatment was made a matter of official record and his available military service records do not contain such evidence. 

4.  The applicant's contention and sincerity are not in question.  However, the three components for award of the Purple Heart have not been satisfied in this case.  In the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action, treated for those wounds, and that the treatment was made a matter of official record, there is an insufficient evidentiary basis for awarding him the Purple Heart.

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)                                         AR20140020800



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ABCMR Record of Proceedings (cont)                                         AR20140020800



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