BOARD DATE:	  24 August 2010

		DOCKET NUMBER:  AR20100009552 


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 not awarded the Purple Heart at the time of his injuries.

3.  The applicant provides a notarized copy of a self-authored letter and a notarized copy of a personal witness statement.

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.  After having 4 years of prior service in the U.S. Marine Corps (USMC), the applicant enlisted in the Regular Army on 21 October 1963.  He was awarded  military occupational specialty (MOS) 05C (Radio Teletype Operator).  He served in this MOS during his first 7 years and later was awarded MOS 31G (Tactical Communications Chief).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record), item 5 (Overseas Service), shows he served in the Republic of Vietnam (RVN) during the periods 29 April 1966 through 22 April 1967 and 22 July 1968 through 13 June 1969.  Item 35 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company, 11th Aviation Group; to Headquarters and Headquarters Company, 1st Brigade; and to the 298th Signal Company.

4.  Item 24 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded the National Defense Service Medal, Armed Forces Expeditionary Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), Army Commendation Medal, Bronze Star Medal, Meritorious Unit Commendation, Presidential Unit Citation, RVN Gallantry Cross with Palm Unit Citation, USMC Good Conduct Medal, and Army Good Conduct Medal (4th Award).

5.  On 31 October 1979, the applicant was retired in the rank of sergeant first class.  He served a total of 20 years and 10 days of active service and 6 months and 4 days of inactive service.

6.  The applicant provides a self-authored letter which states, in pertinent part, that while assigned as a staff sergeant to the 298th Signal Company in Vietnam, his compound was hit by mortar fire one night in June 1969.  He grabbed his flak jacket, helmet, and rifle and exited his sleeping area.  He saw a group of replacement personnel who had not yet taken shelter and appeared to be confused, so he yelled to another noncommissioned officer that he would get them to a bunker and take charge of that bunker.  As he was running toward the replacement personnel, he found himself lying face down on the ground.  A mortar had landed near him; however, he did not remember falling.  He checked his body over and found that his legs and feet were hurt and bleeding, but he was able to walk.

7.  He contends he headed to the medical aid station, where the material was extracted from his legs and feet and his wounds were cleaned and bandaged.  He states the medics and the doctors were very busy treating some seriously wounded Soldiers so he headed back to a bunker until it was clear to exit.  He claims he reported his wounds to his first sergeant.  In the days to follow, he reported back to the aid station as instructed for bandage changes until the wounds were healed.
8.  In the personal witness statement provided by the applicant, the witness provides a descriptive view of the incidents surrounding the applicant's request for the Purple Heart.  He states mortar rounds started hitting their compound shortly after they went to bed in late June or early July 1969.  He and the applicant grabbed their flak jackets, helmets, and rifles and exited the sleeping area.  Upon exiting, they noticed a group of replacement personnel who appeared to be confused and not taking shelter.  He contends that the applicant yelled to him that he would take charge of the replacements and move them to the bunker.  He replied in return that he would take charge of the bunker closest to their sleeping area.

9.  He adds that as the applicant was running across the open space to secure the replacements and the bunker, he saw him thrown approximately 6 feet in the air.  He states a mortar round had landed near him which caused the impact.  He called to the applicant, who was in a face down position, but got no response.  The applicant finally arose and continued to the bunker.  Later he found out that the applicant had been hit by shrapnel and had gone to the medical aid station.  He told the applicant he witnessed him flying through the air.

10.  The applicant's name does not appear on the Vietnam casualty roster and his records are void of any documentation pertaining to the award of the Purple Heart.

11.  A review of the available medical documents do not contain any information pertaining to the treatment of any wounds or injuries the applicant sustained.

12.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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.

13.  Army Regulation 600-8-22 (Military Awards) states 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's request for award of the Purple Heart was carefully considered and is not supported by the evidence.

2.  There is no evidence of record and the applicant provided insufficient evidence to show he was wounded as a result of hostile action, which required treatment by medical personnel, and that the treatment was made a matter of official record.  Therefore, 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)                                         AR20100009552



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR201