IN THE CASE OF:	  

		BOARD DATE:	  14 December 2010

		DOCKET NUMBER:  AR20100016215 


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 wounded in Vietnam but his wounds were never addressed for award of the Purple Heart. 

3.  The applicant provides:

* a VA Form 21-0781 (Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder (PTSD)) and a self-authored statement in support of service-connected disability claim
* a VA Form 21-4318 (Statement in Support of Claim) and a statement from his spouse in support of his claim for PTSD
* a Statement from a former unit member

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.  Having had prior service in the Regular Army (RA) from 29 September 1959 to 28 September 1962, the applicant's records show he enlisted in the RA on 25 October 1962 and he held military occupational specialty 05C (Radio Teletype Operator).

3.  He served through multiple extensions or reenlistments, within and outside the continental United States, and attained the rank/grade of sergeant first class (SFC)/E-7.  He was honorably retired on 31 January 1982 and he was placed on the Retired List on 1 February 1982.

4.  His records show he completed several periods of foreign service including Korea (June 1960 to July 1961), Germany (November 1966 to November 1967, February 1974 to November 1975, and August 1976 to August 1979), and Vietnam as follows:

* From 10 October 1965 to 30 September 1966
* From 22 July 1968 to 19 August 1969, assigned to the 298th Signal Company, 1st Infantry Brigade.

5.  The applicant's records show he was issued the following discharge and/or separation documents:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 25 October 1962 through 24 October 1968 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Army Good Conduct Medal, Vietnam Service Medal, National Defense Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

	b.  DD Form 214 (Report of Separation from Active Duty) for the period 25 October 1968 through 10 February 1976 shows in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Army Commendation Medal, Vietnam Service Medal, Bronze Star Medal, Republic of Vietnam Campaign Medal with Device (1960), and four overseas service bars. 

	c.  DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 11 February 1976 through 31 January 1982 shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Bronze Star Medal, Army Commendation Medal, Army Good Conduct Medal (7th Award), National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Noncommissioned Officer Professional Development Ribbon, four overseas service bars, Army Service Ribbon, and the Overseas Service Ribbon (4th Award).  

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

7.  His records do not contain general orders which authorized him award of the Purple Heart.

8.  His name is not shown on the Vietnam casualty roster and his available medical records do not reflect a combat wound or injury.

9.  He submitted the following documents:

	a.  a VA Form 21-0781, dated 10 October 2009, wherein he describes his exposure to a traumatic incident in Vietnam in November 1965.  He states that during his second tour in Vietnam, he was hit on 13 April 1969 by a piece of shrapnel from an incoming mortar round.  The piece cut through his right boot.  His right big toe was cut together with the skin on his right leg.  U.S. Marines helped him bandage the toe and remove the metal piece from his leg.  This incident was not reported to the medics because there was no medical support available to the U.S. Marines at the time.  He received no Purple Heart for this injury because it was not reported to the right officers.

	b.  a VA Form 21-4138, dated 10 October 2009, from his spouse who chronicles several of the stressors that caused his PTSD throughout their years of marriage.  In her statement, she also addresses the applicant's injury during his second tour in Vietnam.  She states that the applicant had told her over the years that he was injured by a piece of metal in his right big toe.  He was checking the communication equipment at the time when he heard incoming mortar rounds.  He was hit but he was unaware until one of the Soldiers told him his foot was bleeding.  The metal had cut through his combat boot.  As there was no hospital or medic, he washed his foot with water and bandaged the cut.  The incident was never documented in his personnel file or medical records and there is no data to validate this injury because it was never reported.  

	c.  A statement, dated 22 January 2010, from a retired SFC and comrade who served with the applicant in Vietnam and has known him over the years.  The comrade recalls some of the incidents he and the applicant were involved in including an incident where they escaped injury when their passenger car was targeted by small arms fire and crossing a bridge that was destroyed by enemy fire.  He also recalls an incident in late June or early July 1969 when mortar rounds started falling and they both helped new replacement Soldiers take cover into a bunker.  He (the author) was injured during this mortar attack when a round landed to his rear.

10.  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 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 available medical records do not reflect a combat wound/injury or treatment for a combat wound/injury. 

4.  The statements he submitted were carefully considered; however, statements, based on memory, prepared some 40 years after the fact are insufficient by themselves to award him the Purple Heart.  Notwithstanding his, his wife's, and his comrade's sincerity, in the absence of official documentary evidence such as operation orders, morning reports, after action reports, or official orders to corroborate the events that led to his alleged injury, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to award him the Purple Heart in this case.

5.  In view of the foregoing, there is insufficient evidence to support award of the Purple Heart in this case.

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)                                         AR20100016215



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ABCMR Record of Proceedings (cont)                                         AR20100016215



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