IN THE CASE OF:	

		BOARD DATE:	    24 September 2015

		DOCKET NUMBER:  AR20150002754 


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 served in a combat zone in the Republic of Vietnam.  He encountered incoming mortar fire while filling sand bags at Fire Support Base Mace.  While taking cover from the mortar fire, he was hit on the palm of his left hand.  When the mortar fire ceased, he was treated by the field medic, Specialist Four W____.  The medic stopped the bleeding and dressed the wound.  He was subsequently treated at the Department of Veterans Affairs (VA) in Memphis, TN to remove shrapnel from his left palm in September 1979.

3.  The applicant provides a self-authored statement.

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 15 August 1969.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 1 June 1970 through 4 April 1971.  Item 40 (Wounds) is blank.  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

4.  On 14 August 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Standby) to complete his remaining Reserve obligation.  His DD Form 214 does not show award of the Purple Heart.

5.  The applicant's records are void of any orders or other documents that indicate he was ever eligible for or awarded the Purple Heart by proper authority while serving on active duty.

6.  During the processing of this case, a member of the Board staff reviewed the Department of the Army Vietnam casualty roster.  There was no entry pertaining to the applicant in this 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's medical records were not available for review nor is there any indication the applicant petitioned for award of the Purple Heart while still assigned in the Republic of Vietnam or after his return to the United States.

9.  The applicant provides a self-authored statement in which he states a doctor  discovered shrapnel in his left hand in July 1979.  In September 1979, he was operated on at the VA clinic in Memphis, TN.  Dr. W____ confirmed it was shrapnel from the war that was giving him problems with his left hand.  The doctor extracted at least two pieces of shrapnel from his left hand.  After the operation he filed for VA compensation.  In December 1979, he received denial of his compensation request.  In March 2014, he was diagnosed with prostate cancer.  When he was diagnosed with prostate cancer believed to be Agent Orange related, he visited the VA who referred him to an Arkansas Senator, the Honorable John Boozman, who was able to obtain his military and medical records which contained discrepancies, omissions and errors.   

10.  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.

11.  Army Regulation 15-185 (ABCMR), paragraph 2-5 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 applicant's request for award of the Purple Heart was carefully considered and it was determined there appears to be insufficient evidence to support the 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.  Notwithstanding the applicant's statements, there is no corroborating evidence present to support his claim.  The applicant's records do not contain nor did he provide sufficient evidence to corroborate his statements or to show 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 at this time.








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)                                         AR20150002754





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ABCMR Record of Proceedings (cont)                                         AR20150002754



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