RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 August 2006
      DOCKET NUMBER:  AR20060010112


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. James R. Hastie               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart.

2.  The applicant states that, while on a patrol around November or
December 1967, he was hit in the left buttock by a crossbow arrow.  In
Vietnam, Special Forces operations were conducted under the rules of
engagement addressed in their Standing Operating Procedures (SOP).  An item
that affected all Special Forces personnel was the number of Americans that
went on combat patrols with Civilian Irregular Defense Group (CIDG)
personnel.  The SOP stated that only two Americans would accompany the
patrols.  That requirement conflicted with the Army policy concerning
awards and decorations.  The Army required at least two American witnesses
to any action.  Therefore, almost all Special Forces decorations and awards
that were presented in Vietnam were given while conducting defensive
operations, when all the American personnel were together.

3.  The applicant states that, in his case, only he and Sergeant (SGT) F___
were on that patrol with 25 CIDG.  However, they did call in on the radio
and talked with Staff Sergeant (SSG) T___ just after the applicant was hit
with a crossbow arrow.  Since SGT F___ was the team medic, the applicant
knew he was in capable hands and told SSG T___ not to send in a medical
evacuation since the applicant could stand and move slowly.  After
returning to camp a few days later, the camp commander told him to remain
in the Camp Kitchen to rehabilitate.  The report was made about the
incident on or about 2 or 3 February 1968.  Before any report got out, they
were overrun by 15 Soviet tanks and 20,000 North Vietnamese soldiers.  All
records were destroyed and the camp fell into enemy hands.

4.  The applicant states SSG T___ was captured.  SGT F__ was killed in
action soon after the overrunning.  The camp commander was killed.  Thus,
all parties to the incident were unapproachable.  SSG T___ was released
from captivity much later and wrote his letter of support.

5.  The applicant provides two DD Forms 214 (Armed Forces of the United
States Report of Transfer or Discharge) for the periods ending 4 October
1966 and 25 September 1975; a letter of support from [former] SSG T___,
dated       20 August 2004; and a letter from Gary P___, dated 4 August
2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 25 September 1975.  The application originally submitted
in this case was dated 4 August 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s case was originally considered by the ABCMR on 9
February 2006 using his correct records; however, it was considered on the
erroneous presumption it was a request for reconsideration (based on an
earlier request for the Purple Heart from an applicant with a similar
name).

4.  After having had prior enlisted service, the applicant was commissioned
and entered active duty on 5 October 1966.

5.  The applicant arrived in Vietnam for his first tour and was assigned to
Company C, 5th Special Forces Group, 1st Special Forces (Detachment A-101)
on or about 15 November 1967.  He departed Vietnam on or about 12 November
1968.  He was released from active duty on 25 September 1975.

6.  The applicant’s DD Form 214 for the period ending 25 September 1975
does not list the Purple Heart.  His name is not listed on the Vietnam
Casualty Roster (this is not a unit roster; it is a consolidated roster of
all Soldiers wounded in Vietnam.)

7.  The applicant provided a statement, dated 20 August 2004, from the
radio operator (SSG T___) at the time in question who took the call
reporting the action regarding the applicant’s injury.

8.  The historical files of Detachment A-101, 5th Special Forces Group, 1st
Special Forces, located at the National Archives in College Park, MD, were
researched.  Two Annexes E (Medical Activities Report) to Monthly
Operational Summary, for the periods 26 October through 25 November 1967
and               26 November through 25 December 1967, were located.
9.  The Annex E for the period 26 October through 25 November 1967 shows
the detachment medical personnel were Sergeant First Class H___, Specialist
Four J___, Specialist Four M___, and SGT F___ (the same SGT F___ whom the
applicant states treated him for his crossbow injuries).  Item 10 (Injuries
Resulting from Hostile Action) contains the entry, “NONE.”  A total of four
non-battle injuries were listed in item 12.

10.  The Annex E for the period 26 November through 25 December 1967 shows
the detachment medical personnel were Sergeant First Class H___ and SGT
F___.  Item 10 contains the entry, “NONE FROM DETATHMENT A-101.”  A total
of nine non-battle injuries were listed in item 12.

11.  The historical files of the 5th Special Forces Group at the National
Archives in College Park, MD were also researched.  Those files failed to
identify the applicant as being entitled to award of the Purple Heart.

12.  Army Regulation 600-8-22 (Military Awards) states that the Purple
Heart is awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify that the wound was the
result of hostile action, the wound must have required treatment by a
medical officer, and the medical treatment must have been made a matter of
official record.

DISCUSSION AND CONCLUSIONS:

1.  The Board regrets the earlier error of considering the applicant’s
request for the Purple Heart as a request for reconsideration.

2.  The applicant’s contentions, along with the supporting statement from
SSG T___, have been carefully considered.  The subsequent fate of his
detachment’s camp at Lang Vei has also been considered.

3.  However, unit records are generally not prepared/maintained in
isolation and are usually forwarded to higher headquarters on a regular,
usually daily basis.  In the applicant’s case, not all of the unit records
for Detachment A-101, 5th Special Forces Group were destroyed.

4.  Two Annexes E (Medical Activities Report) to Monthly Operational
Summary, for the periods 26 October through 25 November 1967 and 26
November through 25 December 1967, were located.  The report contains
sections for battle and non-battle casualties.  While both reports
indicated that the detachment incurred several non-battle casualties, the
reports noted that the detachment did not suffer any battle casualties
during that two-month period.

5.  Even if the applicant’s unit could not have awarded him the Purple
Heart based upon Army witness guidance in awards and decorations cases,
that guidance should not have prevented his injuries from being recorded as
a fact in the unit’s Monthly Operational Summary.  However, those injuries
were not recorded.  Regrettably, there is insufficient evidence to show the
applicant is eligible for award of the Purple Heart for wounds received
around November or December 1967.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 September 1975; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on    24 September 1978.  Although the applicant did not
file within the 3-year statute of limitations, it is appropriate to waive
failure to timely file based on the fact there is no statute of limitations
of requests for awards of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jea___  __ded___  __jrh___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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.




                                  __James E. Anderholm__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010112                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060808                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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