IN THE CASE OF:

		BOARD DATE: 19 April 2012

		DOCKET NUMBER:  AR20110022058


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded the Purple Heart.

2.  The applicant states he was wounded in action at Dong Ap Bai near Hamburger Hill in Vietnam.  He was evacuated to the U.S.S. Repose and underwent surgery for a broken nose and shrapnel.  He was visited by an Army officer who gave him the Bronze Star Medal and Purple Heart while in the hospital.  He is requesting his DD Form 214  be corrected to show the Purple Heart.  Navy records show that he has wounded and medically evacuated.

3.  The applicant provides a copy of his DD Form 214.

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 into the Army on 17 June 1968.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

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

	a.  item 31 (Foreign Service) he was in Vietnam from 12 December 1968 through 10 December 1969, 

	b.  item 38 (Record of Assignments) that during the period 2 January through 8 December 1969, he was assigned, initially to Company A, 1st Battalion, 506th Infantry and later to Company D, 1st Battalion 506th Infantry. There are no entries showing he was a patient, 

	c.  item 40 (Wounds) no entries; and

	d.  item 41 (Awards and Decorations) no listing of the Purple Heart.

4.  His record contains a 31 May 1969, SF 502 (Clinical Record Narrative Summary) which states "This 22 year old E-4/USA was admitted to the EENT service USS Repose.  He stated that he had suffered a fractured nose two months prior to this admission, secondary to a Claymore mine blast.  Since this time the patient has suffered some increased difficulty breathing through his nose, especially on the right side.  He has had previous nasal fractures but no major problems.  The patient denies hay fever or sinusitis."

5.  The applicant was released from active duty on 16 June 1970 as a specialist four/E-4.  He completed total of 2 years of active service.

6.  His DD Forms 214 does not list the Purple Heart in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).

7.  A review of the applicant's military personnel record failed to reveal any evidence he was authorized or awarded the Purple Heart.

8.  A review of the Vietnam casualty roster does not contain the applicant's name.

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

10.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under hostile action.  A physical lesion is not required; however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  Substantiating evidence must be provided to verify the wound was the result of hostile action.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded the Purple Heart because he was wounded and medically evacuated while serving in Vietnam in 1966.  An Army officer visited him in the hospital and gave him the Bronze Star Medal and Purple Heart.

2.  The available evidence shows he was treated for injuries on the U.S.S. Repose; however, there is no substantiating evidence to verify the applicant was wounded in action against an enemy or as a result of hostile action.  

3.  In view of the foregoing, there is insufficient evidence to support the applicant's request for award of 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 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)                                         AR20110022058



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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