IN THE CASE OF:  

		BOARD DATE:  4 February 2016

		DOCKET NUMBER:  AR20150007378


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, in effect, award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the award.

2.  The applicant states, in effect, that he is entitled to award of the Purple Heart because he was exposed to Agent Orange in Vietnam and has been diagnosed with Parkinson's Disease.

3.  The applicant provides:

* Department of Veteran Affairs (VA) Form 21-0960C-1 (Parkinson's Disease Disability Benefits Questionnaire)
* VA Form 21-526EZ (Application for Disability Compensation and  Related Compensation Benefits)
* VA Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative) 

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 was inducted on 12 September 1968.  He held military occupational specialty 11C (Infantry Indirect Fire Crewman).

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

	a.  Item 38 (Record of Assignments), he was assigned to Company D, 
3rd Battalion, 21st Infantry, 196th Infantry Brigade, in Vietnam, from 18 February 1969 through 31 January 1970.

	b.  Item 41 (Awards and Decorations), no listing for the Purple Heart.

	c.  Item 40 (Wounds) is blank.

4.  On 11 September 1970, the applicant was honorably released from active duty as a specialist four/E-4.  He had completed 2 years of active service.

5.  His DD Form 214 does not list the Purple Heart.

6.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty.

7.  The applicant provided:

	a.  VA Form 21-0960C-1 showing the applicant was diagnosed with Parkinson's Disease on 21 August 2012 and is being followed at Washington University Hospital in St Louis. 

	b.  VA Form 21-526EZ showing he has applied for disability compensation and related benefits based on his diagnosis of Parkinson's Disease caused by his exposure to Agent Orange in Vietnam from January 1969 to February 1970.

	c.  VA Form 21-22 showing he has appointed a representative of the Veterans of Foreign Wars to assist him with his VA claim.

8.  Army Regulation 600-8-22 (Military Awards):

   a.   States the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

   b.  Provides a list of examples of injuries or wounds which clearly do not justify award of the Purple Heart.  Chemical, biological, or nuclear agents not released by the enemy are included on that list.

DISCUSSION AND CONCLUSIONS:

1.  There is no available evidence showing he is entitled to award of the Purple Heart.  Injuries or wounds caused by chemical, biological, or nuclear agents not released by the enemy do not justify award of the Purple Heart.

2.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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 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)                                         AR20150007378



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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