IN THE CASE OF:	  

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20100000040 


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 he was awarded the Purple Heart.

2.  The applicant states, in effect, he should have been awarded the Purple Heart because he sustained shrapnel wounds to his neck and burns to his left wrist when his vehicle ran over a landmine during combat operations in the Republic of Vietnam on 8 November 1968.  He speculates the Purple Heart was omitted from his records due to the paperwork either not being submitted or misplaced at his unit's base camp in the Republic of Vietnam.

3.  The applicant provides:

* a self-authored statement
* a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* two DD Forms 1380 (U.S. Field Medical Card)
* a letter he mailed to his parents from the Republic of Vietnam
* two witness statements
* a photograph
* a VA Form 21-4138 (Statement in Support of Claim)





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's record shows he was inducted into the Army of the United States on 1 April 1968.  He completed the training requirements and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). At a later date, he reclassified into MOS 11D (Armor Reconnaissance Specialist). The highest rank/grade he attained while serving  on active duty was sergeant (SGT)/E-5.  He was released from active duty on   31 March 1970 at the expiration of his term of service and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 2 years of active service during this period.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 27 August 1968 through 23 August 1969.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the Republic of Vietnam, he was assigned to B Troop, 1st Squadron, 11th Armored Cavalry Regiment, in duty MOS 11D as a Scout Observer.  Item 38 does not show the applicant was placed into a "Patient" status at a medical treatment facility at any time during his period of service.

5.  Item 40 (Wounds) of the applicant's DA Form 20 is blank.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Purple Heart.

7.  There is no evidence in the available record showing he was awarded the Purple Heart.

8.  There is no evidence in the available record showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.  Additionally, his name does not appear on the Republic of Vietnam Casualty Roster.

9.  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 for the Purple Heart pertaining to the applicant.

10.  The applicant provides a self-authored statement wherein he recounts the events that occurred on 8 November 1968.  In essence, he states he was wounded when his troop was ambushed at the Michelin rubber plantation.  When they were backing up their vehicle, it struck a landmine and he sustained shrapnel to his neck and burns to his left wrist.  They secured the area and were able to have the deceased and seriously wounded Soldiers evacuated from the area by helicopter.  Due to the shortage of personnel, he and other injured Soldiers remained in the field.  He states he still has nightmares about these horrible events.

11.  The applicant provides two DD Forms 1380 indicating he sustained a shrapnel wound to the right side of his neck while involved in a fire fight on 11 November 1968.  Item 30 of one of these forms indicates he was awarded the Purple Heart at 1st Squadron, 11th Armored Calvary Regiment.  These forms also show his wound was cleaned and dressed by someone; however, Item 29 (Medical Officer (Signature and Grade)) of both forms are blank and they are not authenticated by medical personnel.  

12.  The applicant provides a statement, dated 18 November 2009, from an individual who states, in effect, he was surprised to learn the applicant had never received the Purple Heart for the injury he sustained in combat on 8 November 1968.  He attests he was the Army Combat Medic who treated the applicant for a shrapnel wound to his neck which was sustained when his vehicle was blown up by a land mine.  He remembers completing the injury report and the forms that qualified the applicant for the Purple Heart at the time.  He states that although more than 40 years have elapsed, his memory of the incident and those who were injured or killed remain very clear.

13.  An ABCMR staff member attempted to contact the witness via telephone twice.  Each time he left a voice message asking the witness to provide evidence (preferably a DD Form 214) showing he was, in fact, a combat medic who served with the applicant in the Republic of Vietnam.  The staff member also spoke to the applicant and asked him to contact the witness in order to obtain some corroborating evidence.  After a week, neither the applicant nor the witness provided any additional evidence.

14.  The applicant provides a statement, dated 19 November 2009, from an individual who attests he served with the applicant in the Republic of Vietnam during the period of August 1968 until August 1969.  He recounts several incidents that occurred during this time period, but makes no mention of the applicant being wounded.

15.  The applicant provides a letter he attests he mailed to his parents from the Republic of Vietnam, dated 15 November [no year indicated].  In pertinent part, he informs his parents he was wounded during a fire fight when his vehicle hit a mine.  He stated he received shrapnel to the neck area and burns to his left wrist. He told them not to worry and stated he was doing well because "Doc took good care of him in the field."  He also provides an envelope addressed to his parents' residence in Illinois and his return address in the Republic of Vietnam; this envelope bears no postal markings.

16.  The applicant provides a VA Form 21-4138, dated 29 October 2009, showing he submitted a claim to the Department of Veterans Affairs (VA) requesting increased compensation for Post Traumatic Stress Disorder (PTSD) because his symptoms had worsened.  In pertinent part, he recalls the incident when his vehicle struck a land mine and mentions, as a result, he could not hear for 3 to 5 days, but makes no mention of sustaining a shrapnel wound or burns during this incident.

17.  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 the wound was the result of hostile action, the wound must have been treated by medical personnel, and the medical treatment must have been made a matter of official records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show he was awarded the Purple Heart was carefully considered.

2.  The applicant's record is void of any orders or other documents indicating he was awarded the Purple Heart by proper authority while serving on active duty.  

Additionally, a review of the ADCARS database failed to reveal any orders for the Purple Heart pertaining to him and his name does not appear on the Vietnam Casualty Roster.

3.  The DD Forms 1380 provided by the applicant were not authenticated by medical personnel.  Although the applicant provided a statement from an individual attesting to be the combat medic who treated the applicant's wounds, neither the applicant nor the witness/combat medic responded to an ABCMR staff member's request for evidence corroborating the individual was, in fact, a combat medic who had served with the applicant in the Republic of Vietnam.

4.  When the applicant submitted his claim to the VA for increased compensation for PTSD, he recounted the facts and circumstances of the day his vehicle ran over a mine.  Although he mentioned his hearing being impaired, he did not mention sustaining a shrapnel wound to his neck or burns to his wrist.

5.  There is no evidence in the available record and the applicant has not provided sufficient evidence which shows he sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action.  Accordingly, based on the foregoing there is insufficient evidence to award him the Purple Heart.

6.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  He did not submit any evidence that would satisfy this requirement.  Therefore, there is no basis for granting the requested relief.

7.  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)                                         AR20100000040



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ABCMR Record of Proceedings (cont)                                         AR20100000040



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