RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 November 2007
	DOCKET NUMBER:  AR20070008916 


	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

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. William Powers

Chairperson

Mr. Gerald Purcell

Member

Mr. John Heck

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 the award of the Purple Heart for injuries he sustained while serving in the Republic of Vietnam.

2.  The applicant states, in effect, that he was injured while serving with the 4th Battalion (Airborne), 503rd Infantry, and that he did not receive the Purple Heart Medal prior to his departing the Republic of Vietnam. 

3.  The applicant provides no additional supporting documents with his application.

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 8 January 1968 for a period of 3 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was specialist five/pay grade E-5. 

3.  The applicant was assigned to Company A, 1st Aviation Battalion, 1st Infantry Division, from 25 May 1968 to on or about 8 August 1968.  He was reassigned to Company B, 1st Aviation Battalion, 1st Infantry Division, from 9 August 1968 to 7 May 1969 in the Republic of Vietnam.  The applicant's duty MOS was 67N20 (Helicopter Crew Chief).

4.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not contain any entries indicating that the applicant received any wounds.  

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the award of the Purple Heart.

6.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with an effective date of 7 January 1971, which he authenticated in his own handwriting, does not show the award of the Purple Heart.

7.  There are no general orders in the applicant's military service records awarding him the Purple Heart.

8.  The applicant's name does not appear on the Vietnam Casualty Roster.

9.  General Orders Number 3466, published on 4 May 1969 by Headquarters, 1st Infantry Division, awarded the Air Medal with "V" Device to the applicant for his heroic actions on 25 August 1968 while serving as a crew chief of an armed helicopter during a mission to provide fire support to friendly forces that were engaged with overpowering enemy forces.  The award narrative states, in pertinent part, that the applicant continuously exposed himself to hostile fire while in the performance of his duties and engaged the enemy by laying suppressing machinegun fire on enemy forces.  His machinegun jammed during a crucial firing pass and he removed the hot barrel with his hands causing second-degree burns to his hands.  He reloaded the second barrel and resumed firing his machinegun.  

10.  On 12 February 1969, the applicant sought medical treatment from the 1st Aviation Battalion Dispensary.  The examining medical doctor stated, in pertinent part, that the applicant was hit in the head by a rocket while he was wearing a helmet and knocked unconscious six months ago and that the applicant reported no complications until he presented himself for evaluation with the complaint of dizziness, speech difficulty, nausea, vomiting, and headaches.  The doctor's impression was the applicant was showing an anxiety reaction. 

11.  On 17 February 1969, the applicant again sought medical treatment from the 1st Aviation Battalion Dispensary with the same complaints of 12 February 1969 to include blood in his urine.  He was referred to the 24th Evacuation Hospital for a neurological evaluation by the neurologist who stated, in effect, that the 
CN 2-12 were intact except for decreased sensitivity and that his reflexes, motor strength and coordination were intact.   The doctor's impression was the applicant had Meniere's Syndrome which is a disorder of the inner ear and that there were no signs or indication of a subdural hematoma.   He was referred to the Ear, Nose and Throat (ENT) Clinic for further medical evaluation.

12.  On 19 February 1969, the applicant was medically evaluated by the 24th Evacuation Hospital ENT doctor whose impression was that Meniere's Syndrome was not a proper diagnosis as the applicant's audiogram results were normal and he did not have hearing loss.  The ENT doctor's impression was vertigo and hyperventilation syndrome.  The medical treatment plan was a mild sedative and light duty to include no driving.

13.  On 30 April 1969, the applicant sought medical treatment from the 93rd Evacuation Clinic for the appearance of red blood in his urine.  He was referred to the Urology Department.  

14.  On 1 June 1969, the Urologist stated, in pertinent part, that the applicant had been physically thrown approximately 15 feet by an explosion nearly one month ago.  The Urologist's impression after his medical evaluation was post-traumatic hematuria either renal or bladder contusion.   

15.  On 15 May 1969, the applicant sought medical assistance from the Fort Huachuca, Arizona hospital clinic.  He requested, in pertinent part, that his fragmentation wounds from his service in the Republic of Vietnam be documented in his military medical records.

16.  On 22 September 1970, the applicant was examined by military medical personnel at the 186th General Dispensary, Mainz, Germany.  The reason for the examination was for his expiration of his term of service.  The Standard Form 88 (Report of Medical Examination) does not show any entry that would indicate the applicant was injured during his period of service.  The applicant authenticated this form in his own handwriting and further stated that there had been no significant change in his health since his last physical.  Records show he received an entrance physical and a termination physical.

17.  On 7 January 1971, the applicant was released from active duty due to the expiration of his term of service.  He had completed 3 years of net active service that was characterized as honorable.  He was transferred to the United States Army Reserve Control Group (Stand By).

18.  On 21 September 1978, the applicant wrote his Senator requesting his assistance in obtaining the Purple Heart award for injuries that the applicant stated occurred during his tour in the Republic of Vietnam.  The applicant stated, in effect, that the injuries he sustained as a result of combat were a ruptured eardrum, inner ear damage, and back muscle tear from a rocket attack that physically struck him knocking him unconscious.   The second wound he states he sustained was from metal fragments which wounded his face, chest, and legs from enemy ground fire while he was performing his duties as a crew chief in a helicopter gunship.  Explosions that threw him and bounced him off two trees injuring his kidneys, spline, stomach, bladder, liver and intestines was the third wound.  He further states he was not initially able to get military medical treatment because his unit was cut off from the medical treatment facility and then because he departed the Republic of Vietnam due to his foreign overseas tour ending.

19.  On 12 December 1978, Brigadier General Robert S. Y________, wrote Honorable Barry G___________ and stated, in pertinent part, that the organizational records of Company B, 1st Aviation Battalion, 1st Infantry Division from 1 May 1969 to 31 May 1969 were researched and reviewed with no entries found indicating the applicant had been wounded in action against the enemy.

20.  The applicant's records show that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214.

21.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows that during the time of the applicant’s assignment to Company A, 1st Aviation Battalion, 1st Infantry Division and then to Company B, 1st Aviation Battalion, 1st Infantry Division, the units received the following unit awards:

	a.  the Meritorious Unit Commendation for the period 1 January 1968 to 31 December 1968, based on Department of the Army General Order (DAGO) Number 7, dated 1970; 

       b.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 12 July 1965 to 16 October 1968, based on DAGO Number 12, dated 1969; and

	c.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970, based on DAGO Number 53, 1970; 

22.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968); Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968); Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969);
Tet 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969); and the Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969) campaigns. 

23.  The Purple Heart was established by General George Washington at Newburgh, New York on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

24.  Army Regulation 600-8-22 provides, in pertinent part, 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 military medical personnel, and the medical treatment must have been made a matter of official record.

25.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

26.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was wounded in the Republic of Vietnam and that he is entitled to award of the Purple Heart.  The applicant's military personnel records do not contain orders awarding the Purple Heart nor does his DD Form 20 contain any entry showing he was wounded.  His name is not listed on the Vietnam Casualty Roster nor does his military medical record contain an entry to show he was wounded and that he received medical treatment for wounds sustained as a result of hostile fire.  

2.  The applicant's medical records do show that he sought medical treatment after developing numerous distressing symptoms following a significant period of time elapsed after being in the vicinity of two explosions, as he reported to medical personnel.  The medical records do not show that the applicant was medically treated immediately after the physical impact of the two explosions.  The medical records do not provide witness statements which support how or where the explosions occurred, if the explosions were the result of hostile or friendly fire, or if the explosion was an accident. 

3.  The applicant was awarded the Air Medal with "V" Device for his heroic actions on 25 August 1968.  The General Order awarding the Air Medal with "V" Device shows the applicant burned his hands while changing the hot barrel of a machinegun during active engagement with enemy forces.  

4.  A review of the applicant's organizational records, reviewed in 1978, did not support his contention that hostile forces wounded him.  The applicant's medical records support the fact that he sustained minor internal urological injuries and had hyperventilation syndrome while serving in the Republic of Vietnam; however, the records do not show the injuries were the result of hostile forces or occurred during active combat engagement with the enemy.  As such, there is insufficient evidence upon which to base award of the Purple Heart in this case.  

5.   Based on the applicant's service with Companies A and B, 1st Aviation Battalion, 1st Infantry Division, he is authorized the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

6.  The applicant's military personnel records show he participated in five campaigns during his service in Vietnam.  Therefore, he is entitled to five bronze service stars.  However, in lieu of the bronze service star, he is awarded a silver service star to be affixed to his already-awarded Vietnam Service Medal.  

7.  Evidence shows that the applicant’s records contain administrative error, which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__WP ___  __GP ___  __JH ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 and recommends denial of so much of the application that pertains to the award of the Purple Heart.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and a silver service star to be affixed to his already-awarded Vietnam Service Medal.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




_____ William Powers_______
          CHAIRPERSON




INDEX

CASE ID
AR20070008916
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071127
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY/W NOTE
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.