IN THE CASE OF:	  

		BOARD DATE:	       21 May 2009

		DOCKET NUMBER:  AR20090000041 


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 correction of his military records to show award of the Purple Heart and the Bronze Star Medal.

2.  The applicant states that "he was injured while in a combat mission and never received a Purple Heart."  He also contends that he deserves the Purple Heart and the Bronze Star Medal.

3.  The applicant provides, in support of his application, copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a letter and clinical assessment from a licensed professional clinical counselor, a partial letter to his clinical counselor, Department of Veteran Affairs (VA) Rating Decision and subsequent appeal, and chapter 21 from a book on Vietnam veterans written by a local historical writer. 

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, correction of the applicant's records to show award of the Purple Heart and Bronze Star Medal. 

2.  Counsel states, in effect, that the applicant is a 100 percent service-connected disabled veteran of the Vietnam War.  Counsel states that the applicant was injured during a helicopter rescue mission and was transported to a field aid station where his wound was treated.  It was determined that he had 

been injured from the metal clip that was attached to a bunji cord when it had been hit by enemy fire.  The helicopter pilot put the applicant in for award of the Purple Heart, but the applicant, after seeing all of the other severely wounded Soldiers, felt too embarrassed to accept such an award.  The counselor believes that the applicant sustained this injury in a combat action and that he qualified for award of the Purple Heart.  The counselor also contends that the applicant should receive the Bronze Star Medal.

3.  Counsel provides no additional documentation in support of the applicant's 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 requests award of the Bronze Star Medal.  However, there are no orders or other evidence on file in his Official Military Personnel File (OMPF) that confirms award of this personal decoration.  In the absence of authority for this award, he may request award of the Bronze Star Medal under the provisions of Section 1130 of Title 10 of the United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this award under Section 1130 of Title 10 of the United States Code.  As a result, the request for award of Bronze Star Medal will not be discussed further in these Proceedings.

3.  The applicant's military records are not available for review.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request. 



4.  The applicant's DD Form 214 shows that he enlisted in the Regular Army for a period of 6 years.  His military occupational specialty (MOS) was 05B (Radio Operator).  He served overseas for a total of 4 years and 2 months.  His awards 
and decorations included the Good Conduct Medal, National Defense Service Medal, [Republic of] Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, and the Combat Infantryman Badge.  On 11 February 1969 the applicant was retired due to temporarily disability.  He had attained the rank of specialist four (SP4)/pay grade E-4 and had completed 6 years, 7 months, and 22 days of creditable active duty service with no lost time.

5.  The letter from the applicant's licensed professional clinical counselor discusses his post traumatic stress disorder (PTSD), but makes no mention of his receiving any combat wounds while serving in the Republic of Vietnam.

6.   In a letter to his clinical counselor [the first page is unavailable] the applicant states that he is reminded daily of horror every time he sees the face of a baby or small child.  He qualified for award of the Combat Infantryman Badge not long after his first 30 days in the Republic of Vietnam.  He also states that he was riding in a helicopter on a mission when enemy fire hit the helicopter.  It was like being in a popcorn machine with nowhere to go.  An enemy bullet hit one of the rubber straps that held the seats up when not in use.  The strap then hit his arm so hard that it made his arm completely numb for the rest of the mission and also drew blood.  He was so humiliated that when his unit tried to award him the Purple Heart for such a trivial thing he did not accept it.

7.  The VA rating decision discusses the applicant's PTSD and grants him 
100 percent service-connected disability.  It does not mention anything about his receiving any combat injuries or wounds.

8.  The applicant provided an extract of chapter 21 reported to have been written by a local historical writer.  This chapter discusses the service of several individuals who lived in Pike County and were ordered to duty in the Republic of Vietnam.  The author writes about how the applicant was injured while riding in a helicopter that was receiving enemy fire.  He states that the applicant's right arm took a sudden jolt and went numb.  The wound was not from a bullet, but rather from a bunji cord that had been hit by a bullet.  The metal clip affixed to the bunji cord went deep into the applicant's arm.  The pilot put the applicant up for a Purple Heart but he refused it.

9.  The applicant’s name is not listed on the Vietnam Casualty Roster.


10.  Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart.

11.  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 medical personnel, and the medical treatment must have been made a matter of official record. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart for a wound received while serving in the Republic of Vietnam.

2.  There are no available general orders showing that the applicant was awarded the Purple Heart.  There is no available medical evidence showing that he received a wound in combat or that he ever received medical treatment for such a wound.  The applicant's name is not listed on the Vietnam Casualty Roster.  Furthermore, the extract written by a local historian, as provided by the applicant, is not sufficient evidence in and of itself upon which to base a correction of his records.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  Regrettably, in view of the foregoing there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X ___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      ___________X_____________
               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)                                         AR20090000041



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ABCMR Record of Proceedings (cont)                                         AR20090000041



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