IN THE CASE OF:	  

		BOARD DATE:	        02 December 2008

		DOCKET NUMBER:  AR20080014565 


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 that he was wounded in his right thigh by shrapnel during a rocket attack on 27 February 1969 in the Republic of Vietnam; however, his injury was not entered into his medical records. 

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Report of Separation from Active Duty), dated 31 July 1977.

	b.  Self-authored statement, dated 28 January 2008.

	c.  Thirteen affidavits and/or statements from various former and/or current military and civilian personnel, dated on miscellaneous dates in 2007 and 2008.

	d.  Standard Form 88 (Report of Medical Examination), dated 25 July 1977.

	e.  DA Form 66 (Officer Qualification Record).

	f.  Various photographs of the applicant, Soldiers, equipment, buildings, camps, and structures, dated on miscellaneous dates.

	g.  Undated citation showing the applicant's award of the Legion of Merit.

	h.  Translation document, dated 21 May 1965, showing the applicant's award of the Republic of Vietnam Medal of Honor.

	i.  Letter of appreciation, dated 11 May 1969.

	j.  Undated citation showing the applicant's award of the Republic of Vietnam Armed Forces Honor Medal-First Class.

	k.  Chapel of Flags, 80th General Support Group and 156th Company, Weekly Event Calendar, dated 2 March 1969.

	l.  Self-authored Vietnam Journal, dated 24 October 2003.

	m.  A large packet containing the applicant's service medical records and his Department of Veterans Affairs (DVA) medical records, dated on miscellaneous dates throughout his military service and post retirement.

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’s records show he was appointed as a second lieutenant (2LT) in the Chaplain Corps of the U.S. Army Reserve on 28 June 1956.  He entered active duty on 7 July 1957 and served in various staff positions throughout his career.  He was placed on the Retired List in the retired rank of lieutenant colonel (LTC) on 1 August 1977. 

3.  The applicant’s records also show he served in the Republic of Vietnam from 24 July 1968 to 20 July 1969.  He was assigned to the 80th General Support Group, U.S. Army Support Command, Da Nang, Vietnam.


4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Legion of Merit (1st Oak Leaf Cluster), the Bronze Star Medal, the Army Commendation Medal (2nd Oak Leaf Cluster), the Armed Forces Reserve Medal, the National Defense Service Medal, the Vietnam Service Medal with 4 bronze service stars, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnamese Armed Forces Honor Medal-First Class.  Item 28 does not show award of the Purple Heart.

5.  The applicant’s records do not contain general orders awarding him the Purple Heart.

6.  Item 10 (Assignment Limitations) of the applicant’s DA Form 66 does not indicate he had any assignment and/or physical limitations as a result of injuries in combat.  Furthermore, Item 21 (Awards and Decorations) of this form does not show award of the Purple Heart.

7.  The applicant’s name is not shown on the Vietnam Casualty Roster.

8.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any the Purple Heart orders on file for the applicant.

9.  The applicant’s medical records do not indicate he was wounded as a result of hostile action or that he was treated for such wound.  However, the applicant’s Standard Form 88, dated 25 July 1977, show that during his retirement medical examination the attending physician noted that the applicant had a scar to his left wrist and a scar to his right thigh.

10.  The applicant submitted a self-authored statement and 13 affidavits and/or statements from former and/or current military and civilian personnel, dated on miscellaneous dates as follows:

	a.  In his self-authored statement, the applicant states that he was wounded in the right thigh by shrapnel while driving alone in a jeep away from the Navy Dock Loading Ramp and toward his compound when enemy rockets exploded on the Da Nang Bridge loading ramp.  U.S. Navy (USN) personnel were unloading ammunition when explosions hit the ammunition and ignited a fire.  A piece of 
metal cut his right leg and caused profuse bleeding.  As a first responder, he rendered aid to the wounded and accompanied some of them to the USN Hospital across from his chapel.  He later learned that 22 military personnel were killed and 37 wounded as a result of the rocket attack.  His own wound did not demand immediate medical attention; nevertheless, he was given a compress to place on his cut and helped stop the bleeding.  He changed the bandages several times in the next few days and was even offered crutches by a doctor, but did not feel the need for them.

	b.  In his statement, dated 17 January 2008, a retired Lieutenant General (LTG) states that he served at Da Nang during the same time frame and that he learned that the applicant was wounded during a rocket attack but was not awarded the Purple Heart.  The LTG adds that he read the statement submitted by the applicant’s former commander as well as other statements and they all verify that the applicant was wounded.  He also states that he fully understands how during the aftermath of the rocket attack, his role as a chaplain was to look after the wounded members.  His caring actions would have prevented proper documentation of his wound as well as better treatment being given to him.  

	c.  In his affidavit, dated 3 January 2008, a Brigadier General (BG) states that the applicant was under his command during the period May 1968 to July 1969 and that he (the applicant) was present during the rocket attack on the sailors who were unloading the ammunition ship at the bridge on 27 February 1969.  The BG adds that the applicant was reportedly wounded but sought no immediate medical help and that he is not aware of the nature of his wound.

	d.  In his statement, dated 22 January 2008, Chaplain Wxxxxx states that he has known the applicant for over 35 years and served with him at Fort Hood, Texas.  The chaplain further states that he encouraged the applicant to gather the necessary documentation and that he endorses his efforts to be awarded the Purple Heart. 

	e.  In an undated affidavit, a U.S Air Force (USAF) intelligence sergeant states that he was personally present in the area during the rocket attack at the loading ramp on 27 February 1969 and that it is his understanding that the applicant was present during that attack and that he was wounded in his right leg by shell fragments.  He recommends the applicant be awarded the Purple Heart.

	f.  In an affidavit, dated 12 December 2007, Reverend Vxxxxx states that the applicant was wounded during the shelling at the loading ramp in Da Nang when ships were being unloaded with ammunition.  He is not aware of the nature of this wound nor can he recall him having recorded it at the 95th Evacuation Hospital.
	g.  In an affidavit, dated 28 January 2008, the applicant’s former commanding officer states that the applicant demonstrated symptoms of Post Traumatic Stress Disorder (PTSD) during his service at the 80th General Support Command and that the applicant had recounted the injury he sustained to him during his time as a staff chaplain.  

	h.  In an affidavit, dated 25 February 2008, an international worker in Cambodia recalls that the applicant was responsible for aiding and rescuing his family during battles in and around Da Nang, such as the events that took place on 27 February 1969 when rockets and mortars hit the city near the 80th General Support Command compound.  However, he is not aware of the nature or extent of the wound he suffered.  

	i.  In his affidavit, dated 25 January 2008, a chaplains assistant states that it was reported that the applicant was injured in his leg at the time of the attack on Da Nang on 28 February 1969 when enemy rockets hit the USN ship loading ramp.

	j.  In his affidavit, dated 2 January 2008, Reverend Sxxxxxxx states that he knew the applicant since his arrival in Da Nang in May 1968 until his departure in July 1969 and that on 27 February 1969, the applicant was returning to his compound when rockets hit the ammunition ship.  The applicant was wounded during the attack; however, the Reverend does not know the nature of the wound and that it was his understanding that the applicant did not record being wounded to any authority.

	k.  In an affidavit, dated 28 January 2008, a former USN captain states that he served with the applicant and that he and the applicant were awarded the Republic of Vietnam Armed Forces Honor Medal.  He recalls that the applicant was present during the loading dock attack on 27 February 1969 and rendered aid to the wounded.  He was wounded in his right leg during the attack and went to the USN Hospital to minister and that his unit recognized his outstanding service with an award of the Legion of Merit.

	l.  In his undated affidavit, a former patient affairs officer on the bridge ramp states that medical records were often handwritten, especially when there were mass casualties such as what happened on 27 February 1969.  The applicant reported to him that he was wounded during the attack and that he placed a bandage over the wound at the Navy Hospital while the more seriously wounded members were being admitted.  


	m.  In his affidavit, dated 19 December 2007, Chaplain Exxxxx states that he was associated with the applicant in February 1969 and that he was wounded during the rocket shelling of the unloading dock at Da Nang; however, he does not know the nature of the wound.  

	n.  In an undated affidavit, the former commanding officer of the 80th General Support Command states that the applicant did not apply for award of the Purple Heart because he felt others needed his attention more during and after the rocket attack.  The former commanding officer further states that it is his understanding that the applicant was wounded in his right leg which tore his battle dress uniform (BDU) trousers and soaked his sock with blood and that despite his wounds, he treated the wounded Marines and sailors at the USN Hospital.  

	o.  In a statement, dated 18 December 2007, a DVA medical doctor states that the applicant has been a patient for primary care at the DVA clinic in Lebanon, Pennsylvania, for five years and that the applicant told him about the injury he suffered in Vietnam in 1969 and showed him a large scar on his right thigh as a result of that injury.  The scar appears to be old and could certainly date back to 1969.  

11.  The applicant also submitted several photographs of himself showing a scar to his right leg and photographs of the area of explosion, the USN Hospital, and the Chapel at Da Nang.

12.  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.

13.  Army Regulation 672-5-1 (Military Awards) 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 been treated by military medical personnel, and the medical treatment must have been made a matter of official records.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was wounded on 27 February 1969 during a rocket attack at Da Nang as well as the supporting evidence, including his self-authored statement, his supporting statements and affidavits, photographs, and his medical records were carefully considered.  However, there is insufficient evidence to support award of the Purple Hear in this case.

2.  The applicant’s service in Vietnam, as well as his integrity, loyalty, and selfless service are not in question.  Furthermore, the strong recommendations and endorsements submitted on behalf of the applicant were highly noted and strongly considered.  However, there is no indication in the submitted affidavits and/or statements that any of the authors witnessed the injury at the time it happened or was present at the time the applicant was treated for his injury.  The witnesses appear to have heard of the applicant's injury or learned of it at a later date.  

3.  There are no general orders that show he was awarded the Purple Heart, the applicant's name is not listed on the Vietnam Casualty Roster, and there is no evidence in his records that shows that he was wounded or injured as a result of hostile action or treated for such wounds.  In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, regrettably, there is insufficient evidence upon which to base award of the Purple Heart in this case. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  __X______  ___X_____  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.


2.  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.



      ________XXX______________
               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)                                         AR20080014565



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ABCMR Record of Proceedings (cont)                                         AR20080014565



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