RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 July 2007
      DOCKET NUMBER:  AR20070000649


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Mr. William F. Crain              |     |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 that he be awarded the Purple Heart.

2.  The applicant states he was told that some of his unit’s equipment at
Landing Zone Blaze had been damaged.  He went to the landing zone to
salvage whatever he could and make radio equipment repairs.  As he
approached the landing zone he could feel the presence of something very
bad.  He made his repairs and was stuck there over night.  They came under
attack, but no one was injured to his knowledge.  The next day as he was on
his way to the helicopter the landing zone came under fire.  He ran as fast
as he could to get on the helicopter.  When he arrived at a landing zone
near Loung Song, he met a friend who noticed blood on his (the applicant’s)
left pant leg.  He discovered he had a shrapnel wound on his left buttock.
A medic cleansed his wound and patched him up.  He got teased a lot about
getting hit in the butt, but the humor did not ease the pain.  He also
received some care of his shrapnel wound back at base camp.

3.  The applicant provides a statement, dated 21 December 2006, purportedly
from the medic who treated him.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 7 February 1975.  The application submitted in this case
was received on 11 January 2007.

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 enlisted in the Regular Army on 28 June 1968.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 31B (Field Radio Mechanic).

4.  The applicant arrived in Vietnam and was assigned to Headquarters and
Headquarters Battery, 5th Battalion, 27th Artillery on or about 22 May
1969.  He departed Vietnam on 15 April 1970.  He was honorably discharged
on               22 October 1970 for the purpose of immediately reenlisting
on 23 October 1970.  His DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge) for the period ending 22 October 1970 does
not show award of the Purple Heart.

5.  The applicant was honorably discharged on 7 February 1975.  His DD Form
214 for the period ending 7 February 1975 does not show award of the Purple
Heart.

6.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification
Record) does not show he was wounded.  His name is not on the Vietnam
Casualty Roster.  His service medical records are not available.

7.  The applicant provided a statement, dated 21 December 2006, from Dennis
T___.  Dennis T___ stated he was a relief medic with 1st Field Forces and
treated the applicant in 1969 for shrapnel injuries he received in the
buttocks when leaving Landing Zone Blaze.  Due to being overworked in the
field and placing the wellbeing of his patients, including the applicant,
above paperwork responsibilities, Dennis T___ stated he failed to report
the nature of the applicant’s injury.  He does remember he provided the
applicant with Valium to help with the pain and did not report that in
order to protect the applicant’s future as a noncommissioned officer.

8.  Army Regulation 600-8-22 (Military Awards) states 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 statements of individuals are normally inadequate as the sole basis
for an award of the Purple Heart because they do not fulfill the regulatory
requirement that there be a record of medical treatment.

2.  The statement from Dennis T___ has been carefully considered.  However,
in the absence of evidence showing Dennis T___ was a medic who would have
had an opportunity to treat the applicant (such as Dennis T___’s DD Form
214 or other documents such as orders showing he was a medic in Vietnam at
the time in question), there is insufficient evidence to confirm Dennis
T___ was the medic who treated the applicant.  In addition, the applicant
stated he received some care for his wound back at base camp; however, his
service medical records are not available and he did not provide evidence
from his medical records to confirm his statement.

3.  Regrettably, there is insufficient evidence at this time that would
warrant awarding the applicant the Purple Heart.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 February 1975; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on            6 February 1978.  Although the applicant
did not file within the 3-year statute of limitations, it would be
appropriate to waive the requirement to timely file as there is no statute
of limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jea___  __jam___  __wfc___  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                 |AR20070000649                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070712                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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