IN THE CASE OF:	  

		BOARD DATE:	        1 September 2009

		DOCKET NUMBER:  AR20090005394 


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 for wounds received in the Republic of Vietnam.

2.  The applicant states that an enemy soldier used the butt of his rifle to strike him in the head.  The applicant fell unconscious.   When he woke up he was bleeding from a 2-inch cut on his forehead.  He controlled the bleeding with his handkerchief and never sought medical treatment.  After 43 years, he now wants to be awarded the Purple Heart that he earned.

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), DD Form 214 (Report of Separation from Active Duty), and a letter of support from a former Soldier who was assigned with him in the Republic of Vietnam. 

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.  On 11 February 1965, the applicant enlisted in the Regular Army (RA) for
3 years.  He completed his initial training and he was awarded military occupational specialty (MOS) 72B (Communications Center Specialist).

3.  The applicant performed duties as a communications center specialist during his tour of duty in the Republic of Vietnam from 17 August 1965 to 18 August 1966, while serving with the 581st Signal Company.

4.  On 3 October 1966, the applicant was assigned for duty at Fort MacArthur, CA.

5.  On 9 February 1968, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had attained the rank/grade of specialist four (SP4)/E-4, and he had completed 2 years,
11 months, and 29 days of creditable active duty.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 9 February 1968 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Carbine Bar.  It does not show award of the Purple Heart.

7.  On 15 November 1968, the applicant again enlisted in the RA, beginning in the rank/grade of private first class (PFC)/E-3.  On 6 December 1968, he was assigned for duty at Fort Hood, TX.

8.  On 17 October 1969, the applicant departed Fort Hood for duty in the Republic of Vietnam.

9.  On 3 December 1969, the applicant was assigned to the 36th Signal Battalion.  He was subsequently reassigned to the 86th Signal Battalion in January 1970.

10.  On 30 October 1970, the applicant departed the Republic of Vietnam for duty in Europe.  He was assigned to the U.S. Army Strategic Communications Center.

11.  On 21 November 1973, the applicant departed Europe for assignment at Fort Huachuca, AZ.  On 27 October 1976, the applicant was discharged due to completion of required service.  He had attained the rank/grade of sergeant (SGT)/E-5, and he had completed a total of 10 years, 11 months, and 12 days of creditable active duty service.

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

13.  Item 40 (Wounds) of the applicant’s Enlisted Qualification Record (DA Form 20) is blank.  Item 41 (Awards and Decorations) of this same form does not show award of the Purple Heart.

14.  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.

15.  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 U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart.
 
16.  On 4 March 2009, a retired sergeant first class wrote a letter of support; wherein, he stated that the applicant had been on duty as a communications center operator when he took a blow to his head from the butt of an enemy rifle. The applicant did not report the injury because he did not want to worry his family back home. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was injured by the butt of an enemy rifle and should be awarded the Purple Heart.

2.  There are no general orders showing that the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  The evidence provided by the applicant reports that he had received an injury to his head but did not seek or receive medical treatment.  Award of the Purple Heart requires that the wound receive medical treatment by military personnel and that the medical treatment be made a matter of official record.  


3.  While we do not question the sincerity of the applicant’s statement, as well as the supporting statement provided by the former fellow Soldier, there is insufficient evidence to support the award of the Purple Heart.

4.  In view of the above, the applicant's request for award of the Purple Heart should not be granted.

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)                                         AR20090005394



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ABCMR Record of Proceedings (cont)                                         AR20090005394



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