BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100019888 


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 combat when a mortar round landed near him at 1805 hours on 30 January 1969 while he was serving in Vietnam with H Troop, 17th Cavalry.

   a.  A medic treated his left knee injury and he remained in the field.

   b.  Sergeant (SGT) Ramon B. V--- was in his platoon and witnessed the incident.

   c.  First Lieutenant (1LT) Robert L. S---- was his platoon leader.  However, he was wounded the next day and shipped out of Vietnam before the paperwork for the applicant's Purple Heart was submitted.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), two statements, four
DA Forms 1594 (Daily Staff Journal or Duty Officer's Logs), and a magazine article.


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 was inducted into the Army of the United States for a period of 2 years on 7 July 1967.  Upon completion of training he was awarded military occupational specialty 11E (Armor Crewman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

a. item 31 (Foreign Service) he served in the Republic of Vietnam from
5 October 1968 through 30 June 1969.

   b.  item 38 (Record of Assignments) he was assigned to:

	    (1)  the 23rd Administrative Replacement Detachment from 7 October through 16 October 1968.

       (2)   H Troop, 17th Cavalry, 198th Infantry Brigade, from 17 October 1968 through 25 June 1969. 

	c.  item 40 (Wounds) is blank.

   d.  item 41 (Awards and Decorations) does not list the Purple Heart.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 30 June 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation:

   a.  At the time he had completed 1 year, 11 months, and 4 days of net active service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the Purple Heart.

5.  There is no evidence in the applicant's military personnel records that shows he was authorized or awarded the Purple Heart.

6.  A review of the Vietnam Casualty Roster confirmed the applicant's name is not on the roster.

7.  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 orders pertaining to award of the Purple Heart to the applicant.

8.  In support of his application, the applicant provides the following documents:

   a.   A statement by Mr. [then 1LT] Robert L. S---- indicates the applicant was serving under his command in [2nd Platoon], H Troop, 17th Cavalry, when the applicant was hit by shrapnel between the 1st and the 15th of January 1969.  It also states the applicant's wounds were attended to by a medic and he remained in the field.  This document contains the signatures of two other individuals (i.e., Sergeant First Class Ralph G. A---- and Specialist Five Shannon R. R----, Sr.) and shows the instrument was acknowledged before a notary public by all three of the individuals on 10 October 2005.

   b.  A statement by Mr. [then SGT] Ramon B. V--- that shows the 2nd Platoon, H Troop, 17th Cavalry, was attached to Company C, 4th Battalion, 3rd Infantry, 11th Brigade, Americal Division, to participate in Operation Russell Beach.

       (1)  Mr. V---- states that during the evening of 30 January 1969, the unit received incoming enemy mortar and small arms fire.  The applicant was hit by shrapnel on his left knee and another Soldier sustained a ruptured eardrum.

       (2)  Mr. V----- states the applicant did not realize he was hit by shrapnel until much later when another Soldier noticed the blood.  The unit's medic (Doc Larry K----) treated the applicant's wound and he remained with his unit.


       (3)  Mr. V--- describes other engagements involving the unit (i.e., on 12 and 29 January 1969) that are documented by the DA Forms 1594 the applicant provides in support of his request.

   c.  Four DA Forms 1594 summarizing operational incidents as documented by the Tactical Operations Center, Americal Division, on 12 January (1 page),
29  January (2 pages), and 30 January 1969 (1 page).  The DA Form 1594 for
30 January 1969 shows for item 31 that at 1750 hours, Company C received one mortar round and small arms fire at grid coordinate BS730823 and that artillery was being called into BS721818.  Item 32 shows that at 1805 hours, H Troop,
17th Cavalry, reported one U.S. Soldier with a ruptured eardrum from a mortar round which landed beside his Armored Personnel Carrier at BS721812 and the Soldier was airlifted from the area at 1815 hours.

   d.  An extract from the Americal magazine of an article titled "The Noose Around Batangan" written by 1LT Cecil Green.  It describes Operation Russell Beach at the Batangan Peninsula that began on 25 January 1969 and officially ended on 9 February 1969.  The article does not offer any evidence that the applicant was injured or wounded in action during this period.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The Purple Heart is awarded to any member who has been wounded or killed in action.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Purple Heart because he was wounded while serving in Vietnam.

2.  The applicant's claim was carefully considered.

   a.  The sincerity of the applicant's claim is not in question.  However, in order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.
   b.  The applicant provides no official medical record of his wound or injury.

   c.  The statements by the applicant's former platoon leader and sergeant were carefully considered.

       (1)  These statements were prepared more than 35 years after the incident in question.

       (2)  The statement signed by the former platoon leader (and two other individuals) states the incident involving the applicant occurred sometime between the 1st and 15th of January 1969, whereas the statement signed by the former platoon sergeant states the incident occurred on 30 January 1969.

       (3)  The DA Form 1594 that documents the incident that occurred at
1750 hours on 30 January 1969 does not provide any evidence the applicant was injured or wounded during the incident.  In fact, the entry only refers to a Soldier who sustained a ruptured eardrum.

       (4)  Thus, the evidence the applicant provides is not only inconsistent with respect to the date of injury, but is also insufficient to support a claim to the Purple Heart.

   d.  There is no evidence in the applicant's available military service records to satisfy the strict requirements for award of the Purple Heart.  In addition, the applicant's name is not listed on the Vietnam Casualty Roster and there is no evidence the applicant was awarded the Purple Heart.  

   e.  Therefore, in view of all of the foregoing, there is insufficient evidence to support the applicant's claim to the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  __x______  ____x____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that 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.



      _______ _   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)                                         AR20100019888



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ABCMR Record of Proceedings (cont)                                         AR20100019888



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