BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100009551 


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 for wounds received in action on 22 February 1969.

2.  The applicant states on 22 February 1969, the base camp where he served was overrun by the enemy.  He was wounded with shrapnel to his right knee, right hand, and right foot.  During this time, there were numerous casualties, many of them more severely wounded than he was.  Medical personnel did not have the time to document all the wounds on that day.  Meanwhile, he was assisting with the evacuation of the dead and more seriously wounded Soldiers.  He left the base camp a few days later and came home.

3.  The applicant provides the following documents:

* self-authored statement, dated 15 January 2010
* statement of support, dated 22 January 2010

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 records show he enlisted in the Regular Army on 18 July 1967 and held military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic). He was honorably discharged on 21 April 1969 for the purpose of immediate reenlistment and executed a 6-year reenlistment on 22 April 1969.

3.  His records further show he served in the Republic of Vietnam from on or about 13 March 1968 to on or about 13 March 1969 and from on or about 31 May 1971 to on or about 17 March 1972.  He was honorably discharged on
5 February 1975 for the purpose of immediate reenlistment.  On 6 February 1975, he reenlisted for 6 years.  He continued to serve until he was discharged on 3 November 1975 for the purpose of accepting an appointment as a warrant officer.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending
3 November 1975 shows the National Defense Service Medal, Army Good Conduct Medal (2nd award), Bronze Star Medal (1st Oak Leaf Cluster), Army Commendation Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Marksman Marksmanship Qualification Badge with Rifle Bar
(M-14), and three overseas service bars.

5.  His records show he was appointed as a warrant officer and executed an oath of office on 4 November 1975.  He held MOS 915E (Unit Maintenance Technician) and served in various staff and leadership positions, within and outside the continental United states, and attained the rank/grade of chief warrant officer five (CW5)/W-5.

6.  He was retired by reason of sufficient service for retirement on 31 July 1996 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Retired) on 1 August 1996.  He was credited with over 29 years of total active service.

7.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1996 shows he was awarded the Bronze Star Medal (1st Oak Leaf Cluster), Purple Heart, Meritorious Service Medal (7th Oak Leaf Cluster), Army Commendation Medal (2nd Oak Leaf Cluster) with "V" Device, Army Achievement Medal, Army Good Conduct Medal (2nd Award), National Defense Service Medal with one bronze service star, Vietnam Service Medal with one silver service star and two bronze service stars, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon (4th Award), four overseas service bars, Air Assault Badge, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank entry and item 41 (Awards and Decorations) does not show award of the Purple Heart.

9.  His records do not contain general orders which authorized him award of the Purple Heart.  However, his records contain a Purple Heart certificate that shows he was awarded the Purple Heart for wounds received in action in Vietnam on 15 November 1968.  This certificate was issued on 11 May 1988.

10.  His name is not shown on the Vietnam Casualty Roster and his medical records are not available for review with this case.

11.  He submitted the following documents:

	a.  a self-authored statement, dated 25 January 2010, wherein he states that he was injured when his base camp was overrun by enemy troops.  He suffered injuries to his right knee, right hand, and right foot.  He was assigned to A Company, 2nd Battalion, 22nd Infantry Regiment at the time.

	b.  a statement, dated 22 January 2010 from a retired CW5 and former member of the applicant's unit.  The retired CW5 states that he was the battalion maintenance officer and the applicant was the motor sergeant.  On 22 February 1969, their base camp was overrun by a large enemy force and several Soldiers were killed or wounded on that day.  The applicant and another Soldier had previously completed repair of an armored personnel carrier and took it to the air strip where the fighting occurred.  The next time he saw him, the applicant was covered with blood.  The applicant said to him that the vehicle was hit with rockets, one of which seriously injured the other Soldier and that he (the applicant) sustained wounds to his leg.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against and 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 22 February 1969.

2.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

3.  His record is void of any orders that show he was awarded the Purple Heart; his name is not shown on the Vietnam Casualty Roster; his DA Form 20 does not indicate any combat wounds; and his medical records are not available for review with this case.

4.  The statements submitted by the applicant and one of his former unit members are noted.  However, notwithstanding their sincerity, in the absence of additional documentary evidence that conclusively shows he was wounded or injured as a result of hostile action on 22 February 1969 and treated for those wounds, there is insufficient evidence upon which to award him an additional award of the Purple Heart in this case.

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20100009551



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)