IN THE CASE OF:	  

		BOARD DATE: 	        1 July 2009

		DOCKET NUMBER:  AR20090004053 


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, in effect, correction of his military records to show award of the Purple Heart for injuries sustained while serving in the Republic of Vietnam.  He also requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for his period of service ending 31 October 1986, to show his foreign service from 1 September 1956 to 31 August 1959.

2.  The applicant states, in effect, that his DD Form 214 shows 4 years, 2 months and 28 days of foreign service which does not include his 3 years of overseas service from 1956 to 1959.  He also contends that he was injured while riding in a jeep that hit a bridge while attempting to get out of the range of enemy small arms fire; and that he suffered an injury to his spinal column when he lost his footing on a landing craft and fell overboard.  He states that he was treated at the aid station for his injuries but no record was made.  At the time he did not think it was appropriate to accept a Purple Heart or other citation since he was the commander of the unit and in light of other Soldiers who had died and/or sustained life-threatening injuries.

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) for his period of service ending 16 October 1959; DD Form 214 for his period of service ending 31 October 1986; a letter from the Veterans Administration, dated 5 February 1960; medical complaints and diagnoses, dated in 1971 and 1972; a letter from the Department of Veterans Affairs, dated 30 July 

2008; letters from the United States Army Human Resources Command, Alexandria, VA, dated 10 September and 14 November 2008, verifying his combat-related special compensation entitlement; a letter from the Defense Finance and Accounting Service, dated 12 December 2008; an email from a retired Army lieutenant general, dated 12 December 2008; an email from a retired Army colonel, dated 28 December 2008; a letter from a retired Army colonel, dated 5 January 2009; and a letter from a retired major general, dated 10 January 2009.

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was a retired Army colonel, pay 
grade O-6.

2.  On 4 June 1954, the applicant was commissioned as a second lieutenant, Infantry, in the United States Army Reserve (USAR).

3.  On 30 May 1955, the applicant was ordered to active duty as a second lieutenant, Quartermaster Corps.  

4.  On or about 4 September 1956, the applicant was assigned for duty as an assistant property disposal officer with the United States Army Garrison, North, in the Federal Republic of Germany.  He returned to the United States in July 1959 for duty at Fort Lee, Virginia, as Commander of the 114th Quartermaster Company.  

5.  The applicant's DD Form 214, for his period of service ending on 6 October 1959, shows that he was released from active duty and transferred to the XIII United States Army Corps (Reserve).  He had attained the rank of first lieutenant, pay grade O-2, and had completed 4 years, 4 months, and 17 days of creditable active duty.  He also had completed 2 years, 11 months, and 18 days of foreign service.

6.  On 11 June 1962, the applicant entered active duty as a captain, pay grade O-3.  

7.  Records show that the applicant served in France from 22 December 1964 to 20 June 1966 (1 year, 5 months, and 29 days); in the Republic of Vietnam from 
9 November 1966 to 2 November 1967 (11 months and 24 days); and in the Republic of China [Taiwan] from 3 September 1969 to 7 June 1971 (1 year, 
9 months and 5 days).   His total overseas service during this period was 4 years, 2 months, and 28 days.

8.  On 31 October 1986, the applicant was retired for length of service.  He had attained the rank of colonel, pay grade O-6 and had completed a total of 
28 years, 9 months, and 7 days of creditable active duty.

9.  Item 12 (Record of Service) of the applicant's DD Form 214, for his period of service ending 31 October 1986, shows that he had completed 4 years, 4 months and 17 days of prior active duty; he had 24 years, 4 months, and 20 days of net active service this period; and he had 4 years, 2 months, and 28 days of foreign service.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 31 October 1986 does not show award of the Purple Heart.

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

12.  The letters and emails provided by the applicant report:

	a.  A retired Army lieutenant general, who had served with the applicant in the Republic of Vietnam, was very much aware of the applicant's injuries while serving in the combat zone and that they had caused him continued pain and serious disabilities.

   b.  A retired Army colonel, who was the 3rd Brigade Operations Officer (S3), remembered the applicant being involved in hostile operations and receiving minor wounds as a direct result of enemy action.  The colonel believes that the applicant went to the aid station for treatment and that he told the applicant to have his administrative personnel process the incident so that he would receive the Purple Heart.
   
   c.  Another retired Army colonel, who was the Chief, Plans and Operations Division, United States Army Support Command, in the Republic of Vietnam, states that the applicant was ordered to relocate and establish a supply operation at a base that was being established by dredging the Mekong River and forming an artificial island.  The applicant had to provide his own security against enemy actions.
   
   d.  A retired Army major general states that when he was assigned to Fort Lee, Virginia, he was tasked to activate, organize, and train the 94th Supply and Service Battalion.  The applicant was assigned to him as part of this mission.  The applicant went with the new unit to the Republic of Vietnam.  On 3 January 1967, the applicant accompanied the author by helicopter to a remote area 
where he was dropped off.  Later, in early 1967 they deployed by boat to become part of Task Force Oregon.  The author states that thereafter he had no further contact with the applicant.

13.  Army Regulation 600-8-22  (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 required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time and currently in effect, provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It states that for item 12f (Foreign Service), enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart for injuries sustained while serving in the Republic of Vietnam.  He further contends that his DD Form 214, for his period of service ending on 31 August 1986, should include his foreign service from 1956 to 1959.

2.  The applicant served during two separate periods of active duty.  His first period of active duty was from 30 May 1955 to 16 October 1959 and included 
2 years, 11 months, and 18 days of foreign service.  His subsequent period of active duty service was from 11 June 1962 to 31 August 1986 and included foreign service in three countries totaling 4 years, 2 months, and 28 days.  The governing regulation does not provide for combining foreign service from two separate periods of active duty service for which a separate DD Form 214 was issued.  Therefore, the applicant's request to show all of his foreign service on his DD Form 214 for the period ending 31 October 1986 should be denied.  A copy of his DD Form 214 for the period ending 16 October 1959 will be provided to the applicant.

3.  There are no available general orders showing that the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  The letters of support provided by the applicant report that he had sustained injuries on two separate occasions and that he had received 

medical treatment; however, no record of this treatment was made.  In order to be eligible for the Purple Heart, a Soldier must have wounded as a 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.  There is no evidence of record and the applicant has not provided sufficient evidence to support award of the Purple Heart.  Regrettably, the applicant's request for award of the Purple Heart should be denied.
 
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)                                         AR20090004053



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090004053



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1