IN THE CASE OF 

		BOARD DATE: 28 July 2015

		DOCKET NUMBER:  AR20140021771


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 military records by showing he was awarded the Purple Heart for wounds received in the Republic of Vietnam (RVN).

2.  The applicant states he received medical treatment while in the field for bayonet injuries to his back and shrapnel wounds to his chest and eye.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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.  On 24 November 1965, the applicant was inducted into the Army of the United States.  He was trained as a light weapons infantryman.
3.  On 10 May 1966, the applicant departed Fort Lewis, Washington, with Company C, 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division, for duty in the RVN.  He was assigned for duty as an assistant gunner.

4.  On 21 July 1966, he arrived in the RVN.

5.  On 6 July 1967, he departed the RVN and returned to the United States for duty at Fort Benning, Georgia.

6.  A Standard Form 88 (Report of Medical Examination), dated 26 September 1967, indicates that the applicant underwent a medical examination in conjunction with his separation from active duty.  The form shows that the applicant had a scar on his right arm and a burn scar on his right anterior thigh.

7.  On 22 November 1967, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 
11 months, and 29 days of creditable active duty service.

8.  The applicant's DD Form 214 indicates his awards as:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Combat Infantryman Badge
* Good Conduct Medal
* RVN Campaign Medal with 1960 Device
* Marksman Marksmanship Qualification Badge with Rifle Bar

9.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

	a.  in Item 38 (Record of Assignments) - no entry indicating he was a patient;

	b.  in Item 40 (Wounds) - no entry indicating he was wounded as a result of enemy action; and

	c.  in Item 41 (Awards and Decorations) - the same awards as listed on his DD Form 214.

10.  The applicant’s name is not listed on the Vietnam Casualty Roster.

11.  The applicant’s service medical records were not available for review.



12.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders for the Purple Heart pertaining to the applicant.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.

13.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his military records should be corrected to show award of the Purple Heart based on wounds he sustained while in the RVN.

2.  The Vietnam Casualty Roster does not contain the applicant's name.  The applicant's DA Form 20 does not indicate he received any wounds while in action or that he had been in a patient status at any time.

3.  The applicant states he received medical treatment while in the field.  Unfortunately, there is no available record of this treatment.  Furthermore, he does not provide any information about how he came to be wounded or whether such wounds were the result of an enemy action or were accidental.

4.  The available evidence is insufficient to show that the applicant was wounded or that any such wound as described by the applicant was as a result of enemy action.  Because there is no evidentiary basis to support an award of the Purple Heart, the applicant’s request should be denied.

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)                                         AR20110020295



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140021771



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1