BOARD DATE:	  28 September 2015

		DOCKET NUMBER:  AR20150002882 


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 two awards of the Purple Heart (PH) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show these awards.

2.  The applicant states:

   a.  He was absolutely twice injured by enemy fire while serving on active duty in Vietnam thereby entitling him to two PH awards and correction of his DD Form 214 accordingly.
   
   b.  It was an oversight on the part of the military to not to include the PH on his DD Form 214.
   
   c.  He was first injured while serving with the 173rd Airborne Division when he was hit by shrapnel in his right leg in May 1970.  The medic cleaned his wound, placed steel pigeon clamps on his leg, and bandaged it without being transported to the hospital.
   
   d.  While setting up claymore mines behind some trees, he was wounded a second time when one of the Army personnel accidentally triggered a mine that exploded and hit him in the right side of his chest.
   
   
e.  He was evacuated by helicopter to the Naval hospital in Okinawa where he remained for three weeks until he was shipped to the Great Lakes Naval Hospital in Chicago for observation where he remained for 3 to 4 days.
   
   f.  The blast also injured his left ear for which he is currently rated 30 percent disabling by the Department of Veterans Affairs (VA).
   
3.  The applicant provides:

* State of Illinois VA Claim 
* DD Form 214
* VA Form 21-4138 (Statement in Support of Claim)
* two photocopied photographs

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 29 April 1970.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record):

	a.  Item 31 (Foreign Service) shows he served in the Republic of Vietnam (RVN) from 16 November 1970 through 12 March 1971;

	b.  Item 38 (Record of Assignments) shows –

* He attended basic combat training at Fort Polk, Louisiana from 11 May through 5 July 1970 and advanced individual training at Fort Gordon, Georgia from 6 July through 3 September 1970.
* 
He departed the RVN in a patient status and was assigned to the United States Army Hospital in Okinawa on 13 March 1971.
* He departed Okinawa in a patient status and was reassigned to the Medical Holding Detachment, Naval Hospital Great Lakes, Illinois on 3 April 1971 where he remained until 8 June 1971.
* On 9 June 1971, the applicant was reassigned as to Headquarters and Headquarters Troop, 1st Squadron, 3rd Armored Cavalry Regiment, Fort Lewis, Washington, as a “heavy duty driver.”

c.  Item 40 (Wounds) is blank and/or contains no entries; and

d.  Item 41 (Awards and Decorations) does not list the PH.

4.  His military record includes a Standard Form 93 (Report of Medical History) which shows he was administered a separation examination on 14 December 1971.  It shows he marked “YES” to question number 19 and indicated he was hospitalized from April through June 1971 at the Great Lakes Naval Hospital in Great Lakes, Illinois for a growth that he had on his chest.

5.  His record does not contain an order or any other documents indicating he was ever recommended for or awarded the PH by proper authority.  It also contains no documents to show he ever received medical treatment for any combat-related wounds.

6.  On 23 December 1971, the applicant was honorably released from active duty after completing 1 year, 7 months, and 25 days of creditable active duty service of which 3 months and 27 days were foreign service.

7.  The applicant provides one photograph of what appears to be four patients standing and a second photograph of a patient lying in a bed with the word “HERO” adhered to the wall behind him.

8.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam Casualty Roster.  There is no entry pertaining to the applicant.

9.  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 Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the PH pertaining to the applicant.

10.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH.  It states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded two PHs.  There is insufficient evidence to support this claim.  

2.  Although he provides details of two separate incidents wherein he indicates he was wounded in action and two photographs depicting male patients, there is no official evidence contained in his military record to corroborate his claim.  His record shows he attended his initial entry training from May - September 1970 during the time he indicated he was wounded in Vietnam.  

3.  The evidence of record fails to show the applicant suffered any wounds in combat as a result of enemy action.  Item 40 of his DA Form 20 is blank and there are no documents in his military record to show he was ever awarded or recommended for the PH at any time throughout his military service.  The applicant's name is not included on the Vietnam Casualty Roster.  Absent evidence to corroborate that he was wounded as a result of enemy action and that he received medical treatment for those wounds, there is insufficient evidence to show he met the criteria for award of the PH.

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)                                         AR20150002882





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ABCMR Record of Proceedings (cont)                                         AR20150002882



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