IN THE CASE OF:	  

		BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090019238 


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.

2.  The applicant states, in effect, while going through some papers in his footlocker he found a U.S. Army Vietnam (USARV) Form 157-R (Recommendation for Decoration for Valor or Merit), dated 18 June 1967, that shows he was awarded the Purple Heart by 1st Cavalry Division General Orders Number 32 for action on 24 October 1965.  The applicant states that he was medically evacuated in October 1965 to Walter Reed Army Medical Center (WRAMC) and that he was not officially aware of the award until he found the USARV Form 157-R in his personal records.

3.  The applicant provides:

* a USARV Form 157-R, dated 18 June 1967 

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 9 February 1973

* Office of the Adjutant General Letter Orders Number D1-351, dated
10 January 1973
* 
an undated letter listing awards being shipped to him from Tank-Automotive and Armaments Command (TACOM), ILSC [Integrated Logistics Support Center], Clothing and Heraldry Product Support Integration Directorate, Philadelphia, PA

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 had prior enlisted service.  On 22 March 1957, he was appointed as a Reserve Commissioned Officer of the Army.  On 19 April 1957, the applicant entered active duty.

3.  On 18 August 1965, the applicant arrived in Vietnam and he was assigned to Headquarters and Headquarters Company, 1st Battalion, 8th Cavalry, 1st Air Cavalry Division (Airmobile), where he performed duties as the battalion S-4.  On 5 November 1965, he departed Vietnam and was he was assigned to Walter Reed Army Hospital.

4.  A DA Form 67-5 (U.S. Army Officer Efficiency Report) for the rating period 
1 July 1965 through 4 November 1965 shows the applicant received a change of rater report.  The indorser of the evaluation report stated in his narrative "Captain [the Applicant] is an excellent Soldier, possesses wide professional military knowledge, and continuously works to improve his professional ability.  His ability and exceptional performance of duty as an Infantry Battalion S4 would assure him of an opportunity as a rifle company commander in this battalion had not a serious eye injury forced his evacuation to CONUS for medical treatment; thus, the reason for this report."

5.  On 25 May 1966, the applicant returned to Vietnam where he was assigned to the 1st Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile) as the Battalion
S-3.  On 4 June 1966, he was assigned as the commander of B Company.  He 

later served as the Division Training Replacement Detachment and Training Center Commandant.  The applicant departed Vietnam on 22 May 1967.

6.  A USARV Form 157-R, dated 18 June 1967, shows that the applicant was recommended for award of the Bronze Star Medal for exceptionally meritorious service during the period 30 June 1965 through 21 May 1967 by the Chief, G-3 Training, 1st Cavalry Division (Airmobile).  The narrative description stated, "Major [the Applicant] distinguished himself by exceptionally meritorious conduct in the performance of outstanding service during the period 30 June 1965 to
21 May 1967, while serving as S4, 1st Battalion, 8th Cavalry; Commanding Officer, Company B, 1st Battalion, 8th Cavalry, Assistant Commandant, 1st Air Cavalry Division Training Center; and Commandant, 1st Air Cavalry Division Training Center.  Major [the Applicant] (then Captain) was seriously wounded in October 1965 and went to Walter Reed Hospital.  Upon recovery, he returned to the 1st Air Cavalry Division."

7.  The USARV Form 157-R, in Item 15 (Previous Awards (PH and Higher)), shows the applicant was awarded the Purple Heart by 1st Cavalry Division General Order Number 32 for wounds received on 24 October 1965.

8.  A Standard Form (SF) 93 (Report of Medical History), dated 2 September 1972, shows the applicant was separating from active duty and indicated that he was in good health.  Item 11 (Have you ever had or have you now) shows that he indicated "yes" for head injury.  The applicant indicated in October 1965 that he fell out of a jeep, resulting in a detached retina.

9.  On 9 February 1973, the applicant was permanently retired by reason of physical disability in the rank of lieutenant colonel (LTC) after completing 21 years, 4 months, and 9 days of creditable active service.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) of his DD Form 214 for the period ending on 9 February 1973 does not show award of the Purple Heart.  
Item 21 (Award and Decorations) of the applicant's DA Form 66 (Officer Qualification Record) does not show award of the Purple Heart.

11.  The applicant's medical records are not available.

12.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.

13.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973, revealed 
1st Cavalry Division (Airmobile) General Orders Number 32, dated 6 August 1965 and 1st Cavalry Division (Airmobile) General Orders Number 32, dated 
2 January 1966; however, these orders do not show the applicant was awarded 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was awarded the Purple Heart for wounds he received on 25 October 1965 in the Republic of Vietnam.  His records contain a DA Form 67-5, for the period ending 4 November 1965, and an SF 93, dated 
2 September 1972 that indicates he injured his retina after he fell from a jeep in October 1965 and he was evacuated to Walter Reed Army Hospital.  There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart.  A thorough and extensive search of ADCARS and other available sources failed to reveal any orders for the Purple Heart.  The applicant provided a USARV Form 157-R that indicated the 1st Cavalry Division (Airmobile) issued him general orders awarding him the Purple Heart.  However, there are no available orders awarding him the Purple Heart.  Unfortunately, the USARV Form 157-R alone is not sufficient evidence to show he is authorized the Purple Heart.

2.  Regrettably, in the absence of military records which show the applicant was treated for injuries as a result of hostile action.  In view of the foregoing, there is insufficient evidence that would warrant granting award of the Purple Heart in this case.

3.  The applicant and all others concerned should 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.


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)                                         AR20090019238



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ABCMR Record of Proceedings (cont)                                         AR20090019238



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