IN THE CASE OF:	  

		BOARD DATE:	  10 February 2015

		DOCKET NUMBER:  AR20140010146 


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 was injured in Vietnam and refused the Purple Heart at the time as he felt it was not a necessity and other Soldiers were more deserving.  He now realizes the importance of the Purple Heart and recognizes it as an honor.

3.  The applicant provides:

* Standard Form 600 (Chronological Record of Medical Care)
* Standard Form 180 (Request Pertaining to Military 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.  The applicant enlisted in the Regular Army on 27 September 1968 and held military occupational specialties 67N (UH-1 Helicopter Mechanic) and 63C (General Vehicle Repairman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 15 April 1969 through 2 April 1970 where he was assigned to the 192d Aviation Company (Assault Helicopter), 10th Aviation Battalion (Combat).

4.  Item 40 (Wounds) of his DA Form 20 contains no entries.  There is no evidence in his records showing he was wounded as a result of hostile action.

5.  The applicant provided a Standard Form 600, dated 8 September 1971, which shows he requested removal of shrapnel from his lower right leg 17 days prior to his expiration of term of service.  The shrapnel was removed and he was advised to return to the clinic in 7 days to have the sutures removed.  This form does not indicate the circumstances under which he was wounded or the date of the event.

6.  He was honorably released from active duty on 24 September 1971.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart.

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

8.  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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart was carefully considered.

2.  Although the applicant provided official documentation of treatment for a shrapnel wound, he failed to present evidence showing the shrapnel wound was an injury resulting from hostile action.

3.  In view of the foregoing, there is no basis for granting the 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)                                         AR20140010146



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ABCMR Record of Proceedings (cont)                                         AR20140010146



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