IN THE CASE OF:	  

		BOARD DATE:	    20 August 2015

		DOCKET NUMBER:  AR20150000219 


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 which he believes he was recommended for and never received.

2.  The applicant states:

   a.  His sergeant major told him he would receive the Purple Heart based on being wounded during a rocket attack at Chu Lai, Republic of Vietnam, on         17 May 1969.  He states his medical records indicate he received a puncture wound which was bleeding but did not require sutures.  He claims the wound to his left foot was cleaned, dressed, and he received a tetanus shot.

   b.  After receiving treatment for two forms of cancer he decided to register with the Department of Veterans Affairs (VA) since both forms of cancer are listed by the VA as relating to Agent Orange exposure.  He received a number "6" rating based on his service in Vietnam.  It was then that he realized there was no record of his award of the Purple Heart on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a photograph and a page from his medical records. 

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.  Having 3 months and 22 days prior service, the applicant enlisted in the Regular Army on 6 October 1967.  He completed training and performed duties in military occupational specialty 97B (Counterintelligence Agent).  The highest rank/grade he attained while serving on active duty was sergeant/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 24 October 1968 through 22 October 1969.  He was primarily assigned to the 635th Military Intelligence Detachment.  Item 40 (Wounds) is blank.  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

4.  The applicant's record contains a Standard Form 88 (Report of Medical Examination), dated 10 December 1970.  The document notes the applicant was fully qualified for separation; however, there is no indication the applicant received a wound during his period of service.

5.  On 5 January 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  His DD Form 214 does not show award of the Purple Heart.

6.  The applicant's name is not included on the Vietnam casualty roster.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders awarding him the Purple Heart.
  
8.  The applicant provides a photograph of a Soldier (presumably the applicant) holding what appears to be a piece of expended ordnance.  He also provides and his record contains an entry in his medical records which indicate he was treated for a rash and an injured left foot at the Americal Dispensary on 17 May 1969.  The entry notes the applicant received a dressing to his left foot and a tetanus shot.    
9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-8, contains guidance for award of the Purple Heart.  It states the Purple Heart is awarded to members wounded in action.  In order to award the Purple Heart, there must be evidence that the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart was carefully considered.  It was determined that there is insufficient evidence to support this request.

2.  In order to support award of the Purple Heart, the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action.  The wound must have required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record.

3.  With regard to the applicant's claim that his sergeant major told him he would receive the award, the applicant's records do not contain nor did he provide evidence which shows he was ever recommended for or awarded the Purple Heart.  

4.  The applicant's service in the Republic of Vietnam and his sincerity are not in question.  However, his record contains insufficient medical treatment records or other documents which confirm he was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the Republic of Vietnam.  The regulatory burden of proof necessary to support award of the Purple Heart has not been met; therefore, it would not be appropriate to award the applicant 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)                                         AR20150000219



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ABCMR Record of Proceedings (cont)                                         AR20150000219



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