BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110004887 


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 for wounds received in action on Landing Zone (LZ) Ross in Vietnam on 3 January 1968.

2.  He states the proper paperwork wasn't entered at the time of the incident which prevented him from being awarded the Purple Heart for wounds he received in action on 3 January 1968 while serving as the fire direction officer for Battery C, 1st Battalion, 77th Artillery, 1st Cavalry Division (Airmobile), on LZ Ross in the Republic of Vietnam.  He and two other Soldiers were wounded by metal fragments and wooden splinters during a rocket and mortar attack.

3.  He provides:

* self-authored statement
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* general orders for award of the Bronze Star Medal with "V" Device
* another Soldier's DD Form 214 (Report of Separation from Active Duty), general orders for award of the Army Commendation Medal with "V" Device, and witness statement
* photograph of a damaged bunker

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 appointed as a Reserve commissioned officer on 16 August 1966 and he was ordered to active duty on 10 September 1966.

3.  His DA Form 66 (Officer Qualification Record) shows in:

* item 17 (Foreign Service) – service in Vietnam from 21 September 1967 to 2 August 1968
* item 18 (Record of Assignments) – no entry for being hospitalized in a "patient" status at any time

4.  His service record does not contain any medical documentation that shows he was wounded as a result of hostile action in Vietnam.  The Vietnam casualty roster does not list his name.

5.  He provided a copy of General Orders Number 5258, dated 19 June 1968, which awarded him the Bronze Star Medal with "V" Device for heroism in action on 3 January 1968.  These orders do not show he was wounded as a result of hostile action.  These orders state, in part:

…When his unit's perimeter came under an intense enemy mortar, rocket, and ground attack, First Lieutenant M____ exposed himself to the accurate hostile fire in order to reestablish communication between the fire direction center and the howitzer sections.  Disregarding his own safety, Lieutenant M____ directed effective suppressive fire upon the hostile forces which was successful in neutralizing the attacking insurgents.…

6.  He was released from active duty on 6 August 1968.  His DD Form 214 does not show award of the Purple Heart.

7.  He provides a statement from a former fellow Soldier who was assigned as a combat medic to Headquarters Battery, 1st Battalion, 77th Field Artillery, 


1st Cavalry Division, in Vietnam on 9 December 1967.  The former fellow Soldier described the events that occurred when the fire direction center came under intense rocket, mortar, and rocket-propelled grenade attack on the night of 2 January 1968 through the morning of 3 January 1968.  The former fellow Soldier stated:

* a rocket penetrated the bunker in the applicant's sleeping area
* the applicant was not seriously injured in the attack
* he assessed the applicant's injuries and determined he didn't need medical care beyond his own medical treatment and bandaging
* he failed to complete a Field Medical Card for the applicant's injuries
* he provided a copy of his own DD Form 214 which shows he was awarded the Purple Heart and Army Commendation Medal with "V" Device with corresponding general orders citing his heroic actions on 3 January 1968 on LZ Ross

8.  Army Regulation 600-8-22 (Military Awards) provides 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 required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was prevented from being awarded the Purple Heart for wounds he received on 3 January 1968 while serving as a Fire Direction Officer of Battery C, 1st Battalion, 77th Artillery, 1st Cavalry Division (Airmobile) on LZ Ross in the Republic of Vietnam.  However, his service record doesn't contain any medical documentation that support his claims.

2.  The applicant's service record does not contain any evidence to show he was wounded as a result of hostile action.  In addition, his name is not listed on the Vietnam casualty roster.

3.  The third-party statement provided by the applicant is duly noted.  However, in the absence of evidence of record that shows he was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base 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 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)                                         AR20110004887



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110004887



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1