ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  4 October 2019.

	DOCKET NUMBER:  AR20190004635


APPLICANT REQUESTS:  Award of the Purple Heart

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Department of Veterans Affairs (VA) Rating Decision letter

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, 
United States Code (USC), section 1552(b); however, the Army Board for Correction 
of Military Records (ABCMR) conducted a substantive review of this case and 
determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states:

	a.  He was injured in combat and he was awarded service connection by the VA 
for a shrapnel wound to the groin.

	b.  He was injured during a "Made Minute" where he and his company fired into 
the perimeter to keep the enemy from attempting to breach the fences.  

	c.  The round that struck him, and makes him eligible for the Purple Heart, went 
through the shield and parts of the bullet fragment went into his groin.  He was 
bandaged up by the medics and airlifted out the next morning.  

	d.  He was in the rear for a couple of days to get stitches and treatment for 
possible infections.  He went back and continued fighting honorably for the 
remainder of his tour in Vietnam.  

3.  The applicant enlisted in the Regular Army on 3 October 1968.



4.  His DA Form 20 (Enlisted Qualification Record) shows in:

*	item 31 (Foreign Service), he served in Vietnam from 6 August 1969 to               
5 August 1970
*	item 38 (Record of Assignments), he was in a patient status from 25 June to     
15 July 1970 and from 18 to 27 July 1970
*	item 40 (Wounds), the absence of any entries
*	item 41(Awards and Decorations), the absence of an entry indicating he was 
awarded the Purple Heart

5.  The circumstances surrounding the applicant's "patient" status are unknown.

6.  There is no evidence in the applicant's military records indicating he was treated 
for a combat-related injury.

7.  The applicant was discharged on 11 December 1970.  His DD Form 214 (Armed 
Forces of the United States Report of Transfer or Discharge) does not show the 
Purple Heart as an authorized award.

8.  The applicant's name is not listed on the Vietnam casualty roster.

9.  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, failed to locate orders 
for the Purple Heart pertaining to the applicant.

10.  The applicant provided a VA Rating Decision letter, dated 31 August 2012, 
showing he was granted service-connection for bilateral hydroceles, residuals 
fragment wound groin (non-compensable evaluation based on a diagnosed disability 
with no compensable symptoms).  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents 
and evidence in the records.  The Board considered the applicant’s statement, his 
record of service, entries showing him in hospital status, his separation and his VA 
statement.  The Board found an absence of evidence to show the reason for his 
hospitalizations or that he was wounded as a result of enemy action.  Based on a 
preponderance of evidence, the Board determined that there was no error or 
injustice requiring a correction to the applicant’s records.

2.  After reviewing the application and all supporting documents, the Board found 
that relief was not warranted.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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.



	  
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.


REFERENCES:
1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or 
injustice.  This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the three-year statute of limitations if the ABCMR 
determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) 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.
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190004635

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