IN THE CASE OF:	  

		BOARD DATE:	       13 AUGUST 2009

		DOCKET NUMBER:  AR20090002885 


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 records to show award of the Purple Heart.

2.  The applicant states, in effect, he was hit in the chin by shrapnel on 25 August 1966 during the Battle of Bong Trang while serving in the Republic of Vietnam (RVN).

3.  The applicant provides, in support of his application, copies of two personnel rosters for Company C, 1st Battalion, 2nd Infantry, 1st Infantry Division (RVN), dated 13 July 1966 and 8 September 1966; a personal letter, dated 27 August 1966; eleven pages of newspaper articles, circa August 1966; three magazine articles, circa August 1966; and nine articles from various authors recounting their personal experiences in the RVN.

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 and entered active duty in the Regular Army (RA) for a period of 3 years on 21 August 1956.  Upon completion of training, he was awarded military occupational specialty 111.10 (Light Weapons Infantryman).  He was honorably released from active duty on 14 August 1959 upon his return from overseas and transferred to the U.S. Army Reserve (USAR) Hawaii Military District.

3.  The applicant enlisted and entered active duty in the RA for a period of
3 years on 9 November 1959.  He reenlisted and remained on active duty in the RA until he was honorably retired from active duty on 30 November 1976.

4.  The applicant's military personnel records contain a DA Form 20 (Enlisted Qualification Record).

   a.  Item 31 (Foreign Service) shows he served in the RVN from 22 April 1966 through 21 April 1967.

   b.  Item 38 (Record of Assignments), in pertinent part, shows he was assigned to Company C, 1st Battalion, 2nd Infantry (RVN) from 29 April 1966 to 27 March 1967.  He was then assigned to the Civil Affairs Group (RVN) on
28 March 1967 until his departure from the RVN on 21 April 1967.

   c.  Item 40 (Wounds) is blank.
   
   d.  Item 41 (Awards and Decorations) fails to show he was authorized award of the Purple Heart.

5.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period of service under review, shows he entered active duty this period on 16 November 1962 and he was honorably discharged on 15 October 1969 for the purpose of his immediate reenlistment.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Good Conduct Medal (2nd Award), Vietnam Service Medal, Army of Occupation Medal, National Defense Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal, two Overseas Service Bars, and the Expert Marksmanship Qualification Badge with (M-1) Rifle Bar.

6.  The applicant's DD Form 214 (Report of Separation from Active Duty), issued at the time of his retirement from active duty, shows he entered active duty this period on 14 October 1975, he was honorably retired on 30 November 1976, and he was transferred to the USAR Control Group (Retired).  At the time he had completed 1 year, 1 month, and 16 days of net active service this period; 18 years and 11 months of prior active service; 20 years and 16 days of total active service; 2 months and 24 days of prior inactive service; and 20 years, 3 months, and 10 days of total service for pay.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army of Occupation Medal (Berlin), Army Commendation Medal (1st Oak Leaf Cluster), and Good Conduct Medal
(4th Award).

7.  The applicant was also issued four other DD Forms 214 over the course of his military career to document his other periods of active duty service.  A review of these four DD Forms 214 fail to show the applicant was awarded the Purple Heart.

8.  There is no documentation in the applicant’s military personnel records that show he was wounded or treated for wounds as a result of hostile action.  In addition, a review of the Vietnam Casualty Roster confirmed that the applicant’s name is not listed on the roster.

9.  A review of the applicant’s military personnel records revealed that there are no orders in the applicant’s records that show he was awarded the Purple Heart.

10.  In support of his application, the applicant provides the following documents.

   a.  Copies of two personnel rosters for Company C, 1st Battalion, 2nd Infantry, 1st Infantry Division (RVN), dated 13 July 1966 and 8 September 1966, that identify the Soldiers of the company, show the applicant was hospitalized for asthma on 13 July 1966, and he was to depart Vietnam on 27 March 1967.

   b.  A personal letter from the applicant to his family, dated 27 August 1966, that states, in pertinent part, "I guess ya'll heard about our fight on the news.  I'm O.K.  I've got a little piece of shrapnel in my arm but it doesn't bother me.  The medics gave me a tetanus shot [and] said it would work its way out."  The applicant goes on to describe some of the combat action and states, "I got a Bronze Star for doing that and some other junk."
   
   c.  Eleven pages of newspaper articles and three magazine articles, all circa August 1966, that describe the actions of Company C, 1st Battalion, 2nd Infantry, 1st Infantry Division (RVN), on 25 August 1966; the accidental strafing and dropping of napalm on the unit by the U.S. Air Force; list casualties; and highlight Soldiers who received awards and decorations as a result of the action.
   d.  Copies of Inner Circles, "Bong Trang:  A Major Battle" by Alexander M. Haig, Jr.; Changing an Army:  An Oral History of General William E. DePuy, U.S. Army (Retired), "That Very Gory and Unsuccessful Operation…"; "Close Air Support, 26 August 1966" by Larry D. Welch, General, U.S. Air Force (Retired); Blue Spaders, the 26th Infantry Regiment, 1917-1967, "Bong Trang, 25 August 1966, The Personal Account of Thomas P. Galvin"; "C Company, 1-26th Infantry, 25-26 August 1966" (Recollections of Jim Madden, Company Commander, 2002); "Battle of Bong Trang - 25 August 1966" as remembered by Lew Graff; "Battle of Bong Trang - 25 August 1966" as remembered by Jim Holland; "Battle of Bong Trang, 26 August 1966" as experienced by Hank Stewart; and Stemming the Tide, "Fighting the Phu Loi Battalion" by John M. Carland, Office, Chief of Military History.  These documents provide a recounting of the military experiences of several officers and enlisted Soldiers who participated in the Battle of Bong Trang on 25-26 August 1966 in the RVN.  None of them mention the applicant by name.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  This Army regulation, in pertinent part, states that the Purple Heart is awarded for a wound sustained as a result of hostile action.  It provides that 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 his records should be corrected to show award of the Purple Heart because he received a shrapnel wound to his chin on 25 August 1966 during the Battle of Bong Trang while serving in the RVN.

2.  The applicant’s claim was carefully considered.  In his request the applicant claims he received a shrapnel wound to his chin on 25 August 1966 during the Battle of Bong Trang while serving in the RVN.  Whereas, in his letter to his family, dated 27 August 1966, that he provides in support of his request, the applicant states, "I've got a little piece of shrapnel in my arm but it doesn't bother me."  Thus, this document that the applicant provides does not lend support to 
his claim.  Moreover, in the case of either claimed injury, there is no evidence the injury was the result of hostile action.  In addition, the voluminous amount of documentation the applicant provides in support of his application offers no evidence that he was wounded as a result of hostile action in the RVN.

3.  There is no evidence in the applicant’s military personnel records that show he was wounded as a result of hostile action, his DA Form 20 does not list the Purple Heart in item 41, and the applicant's name is not listed on the Vietnam Casualty Roster; and there are no orders that show the applicant was awarded the Purple Heart.  In addition, there is no evidence in the applicant’s military service records that show he was wounded as a result of hostile action, that such wound required treatment, or that the medical treatment was made a matter of official record.  Therefore, in view of all of the foregoing, the applicant is not entitled to award of the Purple Heart in this case.

4.  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 this requirement.

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)                                         AR20090002885



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