IN THE CASE OF:	

		BOARD DATE:	7 July 2009  

		DOCKET NUMBER:  AR20090004427 


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 he was wounded as a result of enemy action by stepping on a punji stick (a very sharp bamboo stake that is concealed at an angle in high grass, in a hole, or in deep mud, often coated with excrement, and planted to wound and infect the feet and/or legs of passing soldiers, commonly used as a weapon by the Viet Cong).  He does not know why he did not receive the medal.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and three pages of service medical records.

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 was inducted on 2 November 1965, completed training, and was awarded the military occupational specialty 11B (Light Weapons Infantryman). 

3.  He served in Vietnam with Company B, 4th Battalion, 31st Infantry Regiment, 196th Light Infantry Brigade from 7 August 1966 through 16 August 1967.

4.  He was honorably released from active duty on 21 August 1976 with 1 year, 9 months, and 6 days of creditable service and 14 days of lost time.  The DD Form 214 shows his awards as the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Combat Infantryman Badge, and the Vietnam Service Medal.

5.  The available service medical record shows that on 1 March 1967 the applicant was examined for complaints of having stepped on a punji stick the day before.  The wound was initially described as a contusion with a barely noticeable wound but the area was "exquisitely tender."  He was referred for additional evaluation and treatment and was admitted for follow-up care.  He remained in the hospital for three days and on the third day he complained of "stuff coming from his foot."  On examination a greenish puss was expressed from the wound and the applicant was referred for possible open wound drainage.  The final outcome of any additional care is not of record.  

6.  The applicant's name is not listed on the Vietnam Casualty Roster.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 4th Battalion, 31st Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  In pertinent part it states that:

	a.  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.  A wound is defined as an injury to any part of the body from an outside force or agent, a physical lesion is not required;
	b.  a star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following two campaign periods:  the Counteroffensive Phase II, 1 July 1966 – 31 May 1967; and the Counteroffensive Phase III, 1 June 1967 – 29 January 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was wounded as a result of enemy action by stepping on a punji stick.  He does not know why he did not receive the medal.

2.  The service medical records show the applicant received a wound as a result of stepping on a punji stick while on patrol.  The initial report was of a contusion with just a barely discernable wound; however, within three day an infection had set in and the wound was drained.  This drainage of the wound clearly constitutes treatment of a wound and not just observation.  

3.  The applicant's name is not on the Vietnam Casualty Roster.  However, punji sticks were commonly used by the Viet Cong as weapons against American Soldiers.  Therefore, the medical evidence provided by the applicant is accepted as sufficient to have met the criteria for award of the Purple Heart for a wound sustained on 28 February 1967.
 
3.  The applicant served in Vietnam during two campaign periods and is authorized to wear two bronze service stars on his Vietnam Service Medal.

4.  In addition to the awards listed on the DD Form 214 the applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

5.  Based on the above facts and findings, it is appropriate to correct the record by awarding the applicant the Purple Heart for wounds received on 28 February 1967 and to correct his DD Form 214 to show that in addition to the awards listed, he is also authorized award of the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to wear two bronze service stars on his Vietnam Service Medal.

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 on 28 February 1967 and to correct his DD Form 214 to show that, in addition to the awards listed, he is also authorized award of the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to wear two bronze service stars on his Vietnam Service Medal.




      _______ _   _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)                                         AR20090004427





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ABCMR Record of Proceedings (cont)                                         AR20090004427



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