IN THE CASE OF:	  

		BOARD DATE:	        15 January 2009

		DOCKET NUMBER:  AR20080018111 


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, in effect, that he was injured (shot) while serving with the Central Intelligence Agency (CIA) and attached to the 46th Special Forces during the Vietnam War.

3.  The applicant provides a copy of Letter Orders (LO) U.S. Army Reserve (USAR) T-06-16512, issued by the Office of the Adjutant General, U.S. Army Administration Center, St. Louis, Missouri, on 20 June 1968; and a copy of a declassified citation for award of the Exceptional Service Medallion, in support of his request.  

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 enlisted in the Regular Army for a period of 3 years on 18 January 1952 and was separated in the rank of sergeant on 17 January 1955.  His records further show that he served in the USAR from 18 January 1955 to 20 March 1960 and he was honorably discharged on 
19 March 1960 for the purpose of accepting a commission in the USAR.

3.  The applicant’s records also show he was appointed as an Infantry second lieutenant in the USAR on 20 March 1960.  He was subsequently re-branched into Military Intelligence (MI) and served in various classified and unclassified command and staff assignments in the United States and overseas. He was relieved from the USAR Control Group (Reinforcement) and he was assigned to the Retired Reserve in the rank of colonel (COL) on 12 October 1988 and he was ultimately retired on 21 July 1993.

4.  The applicant’s Statement of Service Worksheet shows he was ordered to active duty on several occasions.  Specifically, during the Vietnam War, the applicant completed the following periods of active duty for training (ADT):  from 4 July 1965 to 17 July 1965; 5 June 1966 to 19 June 1966; 8 August 1966 to 22 August 1966; 4 June 1968 to 18 June 1968; 20 September 1968 to 3 October 1968; 2 August 1970 to 15 August 1970; and 19 June 1971 to 3 July 1971.  

5.  Item 5 (Overseas Service) of the applicant’s DA Form 2-1 (Personnel Qualification Record) shows he served in Vietnam and Thailand from 25 September 1966 to 24 September 1968.

6.  Item 9 (Awards, Decorations, and Campaigns) of the applicant’s DA Form 2-1 shows he was awarded the Good Conduct Medal; the National Defense Service Medal; the Vietnam Service Medal; the Vietnam Campaign Medal with two Overseas Service Bars; the Noncommissioned Officer Professional Development Ribbon with numeral 3; the Army Service Ribbon; the Legion of Merit; the Meritorious Service Medal; the Overseas Training Ribbon (1st Oak Leaf Cluster); the Basic, Senior, and Master Parachutist Badges; the Thailand Jump Wings; the Expert Marksmanship Qualification Badge with Pistol Bar; the Armed Forces Reserve Medal; and the Army Reserve Components Achievement Medal.  Item 9 of the DA Form 2-1 does not show award of the Purple Heart.  

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

8.  The applicant's medical records are not available for review with this case.

9.  There are no general orders in the applicant's records that show he was awarded the Purple Heart.

10.  The applicant submitted a copy of Letter Orders-USAR T-06-16512, issued by the Office of the Adjutant General, U.S. Army Administration Center, St. Louis, Missouri, on 20 June 1968 that show he was ordered to active duty for training on 15 July 1968 for a period of 12 days and he was assigned to the J-2 of the U.S. Army Military Assistance Command-Thailand (USAMACTHAI).

11.  The applicant also submitted an undated, declassified document signed by the Chief, Protocol Branch of the CIA that states:

"Due to the recent down-grading of classified information, we are able to publicly release information on individuals and activities 15 years ago or longer.  This permits us to recognize individual efforts that were vital to our national interests.  [Applicant] is awarded the Exceptional Service Medallion in recognition of service and wounds sustained in line of duty on August 13, 1968 in Southeast Asia.  Special Operations Officer [applicant] displayed superior abilities, meticulous accuracy and conscientious execution of his duties.  His quick action resulted in avoiding loss of life and information to the enemy.  The outstanding ability and loyal devotion to duty reflect great credit upon himself and the Central Intelligence Agency.  [Applicant] was on special assignment from the U.S. Army and therefore request for the Purple Heart should be requested with these back up documents through Army channels."  

12.  The applicant’s records contain a DA Form 638 (Recommendation for Award), dated 6 July 1981.  Attached to this award recommendation is an ARCOM (Army Reserve Command) Form 14-R (Biographical Sketch), dated 15 September 1981, that was used to collect information in connection with an officer's past, present, and future assignments.  In addition, the award recommendation packet contains the applicant's summary of accomplishments submitted by a staff member of the CIA.  This summary of accomplishments shows the following entries, in pertinent part:  Special Forces detachment commander; chief weapons instructor, Thai National Police (1966); developed and conducted Sniper School, Laos, 1966; traveled in 9 regions in Thailand, Vietnam, and Laos, training special units in weapons; supervised construction of schools in the Hill Tribe Area, North Thailand and Laos; organized, trained, and launched special guerrilla units in Laos; wounded by small arms fire, Laos, 1968. 





13.  During the processing of this case, a member for 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 Purple Heart orders on file for the applicant.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.  This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.

15.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served as a special operations officer in Thailand for an unknown period with the USAMACTHAI, a unit which provided direct support to operations in Vietnam and Laos.  It appears that during this period of service, he performed special duties in Laos and Vietnam.  The evidence of records further shows that he was wounded in combat on 13 August 1968 in Laos; however, due to the classification of his mission, his injury was never made public.  

2.  The evidence of record also shows that the citation for the applicant's Exceptional Service Medallion presented by the CIA clearly shows he was wounded in Laos while on a special assignment from the Army and that a request for the Purple Heart should be requested through Army channels.  Therefore, there is sufficient evidence to show the applicant is entitled to award of the Purple Heart and correction of his records to show this award.



BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Purple Heart for wounds received in action on 13 August 1968 while serving as a captain in Laos.



															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)                                         AR20080018111



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ABCMR Record of Proceedings (cont)                                         AR20080018111



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