IN THE CASE OF:  	  

		BOARD DATE:  21 July 2015	  

		DOCKET NUMBER:  AR20140020841 


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.

2.  The applicant states he is enclosing a page of his medical records which shows he received shrapnel wounds while in Vietnam.  He requests the award based on the oversight of the Army during wartime operations.  He also states a person should be able to pass something down to their inheritors as long as it is properly acquired.  

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* medical document, appears to be Standard Form 600 (Chronological Record of Medical Care) 

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 25 April 1966 and he held military occupational specialty 62E (Construction Machine Operator). 

3.  He was honorably discharged on 25 April 1968 for the purpose of immediate reenlistment.  He was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that captured this period of active duty.

4.  He reenlisted in the Regular Army on 26 April 1968.  He served in Vietnam from 22 March 1969 to 21 March 1970.  He was assigned to Company C, 589th Engineer Battalion (Construction). 

5.  He was honorably discharged on 27 January 1974 for the purpose of immediate reenlistment.  His DD Form 214 for this period of service does not show the Purple Heart. 

6.  He reenlisted in the Regular Army on 28 January 1974, 1 November 1976, and 29 September 1978.  He served in a variety of stateside or overseas assignments in MOS 88M (Motor Transport Operator) and MOS 00R (Recruiter) and he attained the rank/grade of first sergeant (1SG)/E-8. 

7.  On 9 November 1987, the Secretary of the Army's representative approved the applicant's Physical Evaluation Board (PEB) and found his condition of bilateral patellofemoral syndrome (moderately severe, status post surgery) was unfitting and directed his retirement due to physical disability. 

8.  He retired on 26 February 1988 by reason of physical disability and was placed on the Retired List in his retired rank/grade of 1SG/E-8 on 27 February 1988.  His DD Form 214 does not show the Purple Heart.  

9.  There is no evidence of record that shows he was injured or wounded as a result of hostile action (emphasis added).  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 medical form that appears to be a Chronological Record of Medical Care.  This form does not contain any name, social security number, or service number (emphasis added). It states on 9 January 1970 "patient received frag[ment] wounds left lower portion of leg; cleaned with Phisohex soap and Bactrian bandage."  It is unknown who the patient was and/or what was the source of the fragment wound. 

	b.  His DA Form 20 (Enlisted Qualification Record) is not available for review with this case.  Item 40 (Wounds) of the DA Form 20 would show a combat wound or injury and the date of such 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 that the date the wound or injury occurred would also be placed in item 40.

	c.  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.

	d.  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.

	e.  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.

10.  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

11.  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 requires 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 service record is void of any documentary evidence that shows he was wounded or injured as a result of combat.  His name is not listed on the Vietnam casualty listing.  There is nothing in multiple typical sources including his medical records that confirm he was wounded as a result of hostile action or that he required treatment by medical personnel.

3.  The medical document he provides does not list a name, social security number, or service number.  It is unclear if this document belongs to the applicant.  Additionally, although this document shows on 9 January 1970, a patient received fragment] wounds left lower portion of leg; cleaned and bandaged; it is unclear what was the source of the fragment wound.  One of the conditions for award of the Purple Heart is the fact that an injury or wound was the result of hostile action.  

4.  The applicant's contention and sincerity are not in question.  However, the three components of the Purple Heart are not satisfied.  In the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, 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)                                         AR20140020841



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ABCMR Record of Proceedings (cont)                                         AR20140020841



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