BOARD DATE:	  10 February 2011

		DOCKET NUMBER:  AR20100019403 


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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  He states he recently underwent an x-ray and magnetic resonance imaging of his head for a medical condition.  During this process, a metal fragment in his head was discovered and it triggered his memory of an incident that occurred while he was in the Army.

3.  He states he was wounded on 3 December 1967 while engaged in a firefight, mortar, and rocket attack in South Vietnam.  He remembers getting hit in the right side of his head during the engagement and recalls it bleeding some, but at the time he thought it was the result of flying rock or dirt.  In view of the fact his unit had several seriously wounded or killed Soldiers, he did not think seeking treatment from the medics for his cut was very important.  He never actually reported the injury or had anyone look at it.  He states he has Army buddies from his unit, Troop C, 1st Squadron, 1st Cavalry Regiment, who can verify his story.

4.  He provides copies of:

* a self-authored statement
* an extract from an Internet website
* two third-party statements
* page 1 of a medical report

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.  His record shows he was inducted into the Army of the United States on 14 February 1966.  The highest rank/grade he attained while serving on active duty was specialist four/E-4.  On 8 February 1968, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for the remainder of his Reserve obligation.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 10 August 1967 through 6 February 1968.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his tour of duty in the Republic of Vietnam he was assigned to Troop C, 1st Squadron, 1st Cavalry Regiment, 1st Armored Division, as a turret mechanic. 
It does not show he was placed in a patient status at a medical treatment facility at any time during his period of service.

5.  Item 40 (Wounds) of his DA Form 20 is blank.

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

7.  His record contains General Orders Number 664, issued by Headquarters, Americal Division, on 13 February 1968 which show he was awarded the Silver Star for gallantry in action against a hostile force on 3 December 1967 in the Republic of Vietnam.  The narrative citation on these orders gives a detailed account of his actions on that date, but makes no mention of him sustaining any injuries.

8.  He provides an extract from an Internet website [www.myfamily.com] purporting to be an extract from the S3 Operations Daily Log for his unit on 3 December 1967.  This extract recounts the attack and lists the number of casualties, but makes no mention of the applicant by name.

9.  He provides two third-party statements from men who attest to having served with him in the same unit in the Republic of Vietnam.  They each recall the attack that occurred on 3 December 1967.

	a.  The author of one statement recalls seeing the applicant's wound and asking him if he sought attention from a medic.  He stated the applicant "said that since it stopped bleeding he thought it would be alright" and he said that "the medics had their hands full with the other wounded Soldiers."

	b.  The author of the other statement recalls both he and the applicant returning fire during the attack and notes they both received the Silver Star for their actions that day.  He states it surprised him that the applicant "came through that night without a wound."  He adds that they have spoken at reunions and the applicant recounted a very large explosion to his right side which had knocked him back.  He states the applicant also mentioned that he suffered a cut on his head which he did not think was enough to warrant a second look by the medics that night.  He concluded that almost everyone at the base camp received a Purple Heart for the wounds they sustained that night.

10.  He also provides page 1 of a medical report from Mercy Medical Center, Canton, OH, dated 7 April 2010, which shows he underwent a surgical procedure on 6 April 2010 to remove a metallic foreign body from his head.  This report makes no mention of how the metal entered his head or how long it had been there.

11.  There is no evidence in the available record and he has not provided any evidence showing he was awarded the Purple Heart.

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.

13.  There is no evidence in the available record and he has not provided any evidence 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 Vietnam casualty roster.

14.  Army Regulation 600-8-22 (Military Awards) provides 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 request that his record be corrected to show he was awarded the Purple Heart was carefully considered.

2.  The fact that he had a metallic fragment removed from his head is not disputed and the third-party statements rendered by his former unit members are duly noted.

3.  His name does not appear on the Vietnam casualty roster.

4.  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.

5.  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 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)                                         AR20100019403



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ABCMR Record of Proceedings (cont)                                         AR20100019403



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