IN THE CASE OF:
BOARD DATE: 2 June 2011
DOCKET NUMBER: AR20100028193
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 his company commander never recommended him for the Purple Heart for wounds he sustained during an ambush.
3. The applicant provides a personal summary and three eyewitness statements.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 16 September 1967, the applicant was commissioned as a second lieutenant, in the Infantry Branch of the U.S. Army Reserve (USAR), and entered active duty that date.
3. He served as a platoon leader and executive officer with Company D, 2nd Battalion, 3rd Infantry, 199th Infantry Brigade in the Republic of Vietnam from 16 August 1968 to 23 July 1969.
4. On 31 July 1969, he was honorably released from active duty and transferred to the USAR.
5. His records do not contain general orders authorizing him award of the Purple Heart and his name is not listed on the Vietnam casualty roster.
6. In his personal summary, the applicant contends they had just finished conducting a search and destroy mission and boarded the rag boats to return to base when they were ambushed from both sides of the river by rocket-propelled grenades (RPG), automatic weapons, and mines. Several of his men were wounded when an RPG entered the side of the boat. He felt a burning and stinging sensation as it knocked him down. He recovered and began directing his men to initiate suppressive fire. His wounds were treated by the medic and he was told he should be medically evacuated but he refused to leave his men. They continued to pursue and engage the enemy until early the next morning.
7. He provides three witness statements from Soldiers assigned to the 2nd Battalion, 3rd Infantry, 199th Light Infantry Brigade:
a. The medic witness statement indicates he was a medic for 2nd Battalion,
3rd Infantry, 199th Infantry Brigade and he treated the applicant's legs below the knee for shrapnel wounds after their rag boats were ambushed. He applied an antibiotic salve to the red spots with pus and recommended that the applicant be medically evacuated but he refused to leave his men.
b. The first rifleman indicates that he served with Company D, 2nd Battalion, 3rd Infantry, 199th Infantry Brigade from June 1968-June 1969 and that the applicant was his platoon leader. Shortly after the applicant's arrival they were ambushed on the river. The applicant was treated for shrapnel wounds by the medic on board and remained with his men. This witness also indicates they were hit with small arms fire and RPG's, artillery air strikes and gunships were called in, and they spent the night sweeping the area. He states the applicant deserves the Purple Heart because his actions were heroic and admirable, and the applicant was an encouraging example to his men.
c. The second rifleman indicates that he served with Company D, 2nd Battalion, 3rd Infantry from September 1968-September 1969. Shortly after he arrived [the witness] in Vietnam he was on a mission with the applicant when they were ambushed. An RPG round hit the side of the boat; he was engaging the enemy and was unaware the applicant had been injured and treated until he heard accounts of the incident. He does recall the applicant was near the blast sight and remained with his men despite his injuries. Although the battle took place over 42 years ago, the applicant deserves the Purple Heart for his injuries.
8. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an 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's combat service is not in question; however, the witness statements are insufficient to support award of the Purple Heart as they cannot be corroborated. The applicant's name is not listed on the Vietnam Casualty roster, his injury and medical treatment were not documented, and his military personnel file does not contain any orders awarding him the Purple Heart.
2. In view of the above, his request should be denied.
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) AR20100028193
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ABCMR Record of Proceedings (cont) AR20100028193
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