IN THE CASE OF:	  

		BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110002779 


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 that he be awarded the Purple Heart.

2.  The applicant states he was wounded by shrapnel in the left knee cap on 
7 February 1970 while serving as a company commander with the 5th Special Forces Group.  He contends that the wound was attended to in the field.  Because of a shortage of personnel, the need for experienced leadership, and the danger posed by any kind of medical evacuation in such a remote and hostile area of war zone "D," he continued to serve alongside his men.  He received the Bronze Star Medal with "V" (valor) for heroism in connection with that particular operation but was never submitted for the Purple Heart that he deserves as a result of the shrapnel wound he received that day.  He believes the Purple Heart was overlooked because he did not suffer the loss of life or limb and, understandably, the injuries incurred by him and others paled in significance to the loss of a fellow American special forces Soldier as well as the loss of two Cambodian civilian irregular defense group (CIDG) personnel.

3.  The applicant states he has included documents that will substantiate the accuracy of his claim that he was wounded in action against a hostile force in the Republic of Vietnam (RVN) on 7 February 1970.  During the operation, 1 special forces Soldier was killed in action, 4 were wounded, 2 Cambodian CIDG were killed in action, and 16 were wounded in action.  He believes that the U.S. personnel who were wounded were not reported due to the isolated and sensitive nature of the operation in that area of the Cambodian border.

4.  The applicant provides orders for the Bronze Star Medal with "V" device,  Veterans Administration medical progress notes, and a third-party 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.  The applicant enlisted in the Regular Army on 15 April 1966.  He completed the required training and was awarded military occupational specialty 05B (Radio Operator).  On 25 January 1970, he reenlisted for three years.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 7 February 1969 through 25 September 1970. Item 40 (Wounds) is blank and item 41 (Awards and Decorations) does not show the Purple Heart.

4.  There is no evidence in his Official Military Personnel File (OMPF) that indicates he was ever recommended for or awarded the Purple Heart or that he was treated for a combat-related wound.  He is not listed in the RVN casualty roster.

5.  He was honorably discharged on 5 November 1972.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Commendations Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not include the Purple Heart.

6.  General orders show he was awarded the Bronze Star Medal with "V" device for heroism in connection with ground operations against a hostile force in the RVN on 7 February 1970.  The citation on these orders does not suggest that he was wounded as a result of hostile action on 7 February 1970.

7.  He provides a third-party statement in which the author states he served with the applicant in 1972; however, the applicant contends that he sustained the injury on 7 February 1970.  He also provided Veterans Administration medical progress notes, dated 18 May 2004, which make reference to a "left knee bullet injury in Vietnam."  This document does not indicate whether the injury was sustained as a result of a hostile attack.

8.  Army Regulation 600-8-22 (Military Awards) states 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 request for award of the Purple Heart has been carefully considered.

2.  His DA Form 20 contains no entries which indicate he was wounded in action and his name is not included on the RVN casualty roster.  The regulation requires that substantiating evidence must be provided to verify that the wound was the result of hostile action, it must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  In the absence of such evidence, the third-party statement and the medical progress notes provided are insufficient evidence for award of the Purple Heart.

3.  While his heroics in combat were noted and the sincerity of his statement is not in doubt, there is insufficient evidence on which to base awarding 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:

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 this action in no way diminishes the sacrifices made by him 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)                                         AR20110002779



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ABCMR Record of Proceedings (cont)                                         AR20110002779



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