IN THE CASE OF:	  

		BOARD DATE:	  22 September 2011

		DOCKET NUMBER:  AR20110005660


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 Meritorious Service Medal, Wound Chevrons, and Purple Heart.

2.  The applicant states he sustained a fracture to his right tibia by a tank gun turret during rapid fire of the Vietnam Tet Offensive.

3.  The applicant provides:

* Two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DA Form 20 (Enlisted Qualification Record)
* A self-authored letter to the Army Review Boards Agency
* A letter authored by his sister
* Information from a website entitled “Bring the heat, Bring the Stupid”
* Clinical Record Narrative Summary and medical records contained in his official military record
* Two letters from the Army Review Boards Agency Support Division

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 requested correction of his records to show award of the Meritorious Service Medal.  There are no orders or other evidence authorizing this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Meritorious Service Medal under the provisions of Section 1130 of Title 10, U.S. Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.

3.  He was inducted into the Army on 12 March 1968.  He completed training as a light weapons infantryman.  He arrived in Vietnam on 17 August 1968 and was assigned to Troop B, 1st Squadron, 4th Cavalry, 1st Infantry Division.

4.  The applicant’s medical records show that while in Vietnam he sustained a fracture of the tibia by tank gun turret.  His Clinical Record Narrative Summary shows he had a fracture of the tibia which was closed and subsequently reduced the night of the injury.  He was transferred to the Medical Holding Detachment, 249th General Hospital on 26 January 1969.  He was placed in a long leg cast and air evacuated to the Medical Holding Company, Womack Army Hospital, Fort Bragg, NC on 2 February 1969.

5.  The applicant was released from active duty on 17 March 1970 and transferred to the US Army Reserve Control Group (Annual Training).  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 showed the following awards:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge (Rifles M-14 and M-16)
* One Overseas Service Bar
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge (Machine Gun M-60)

6.  A review of the available evidence fails to show that the applicant’s injury was sustained while in action against an enemy or as a result of hostile action.

7.  Item 40 (Wounds) of the applicant’s DA Form 20, which was used to document combat injuries, fails to show that he was injured while in action against an enemy or as a result of hostile action.

8.  The applicant's name is not shown on the Vietnam Casualty Listing as being wounded in action.

9.  The applicant submits a self-authored letter attesting that:

* his company came under heavy fire on a Peacekeeping Mission
* his M113 track was hit by enemy rocket propelled grenade fire
* the commander was killed and two gunners escaped
* he was the track driver and he climbed out of the vehicle and took cover within a “Big Red One” unit foxhole for protection
* the “Big Red One” Tank Division also under enemy fire was providing protection as he was being rescued and climbing aboard the tank
* the tank gunner was rapidly firing, pinning his right leg in the spinning turret which resulted in the injury to his right tibia

10.  He also submits a letter from his sister stating that she knows what happened to the applicant while he was in Vietnam changed his life both personally and medically.  She states he has been diagnosed with Agent Orange that caused him to have some nerve damage in his shoulders and caused his toenails to fall off.  She states she knows he has had a bout with cancer.

11.  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.

12.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual is 

assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

13.  A Wound Chevron was a badge of the United States Army which was authorized for wear on an Army uniform between the years of 1918 and 1932. The Wound Chevron was displayed on the lower right cuff of a military uniform, and denoted wounds which were received in combat against an enemy force. The Wound Chevron was a replacement insignia for the short lived Army Wound Ribbon.  In 1932, with the creation of the Purple Heart, Wound Chevrons were no longer awarded to Army personnel.  In the modern military, the Wound Chevron is considered obsolete.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted.  His supporting evidence has been considered.

2.  Although the applicant’s medical records show he was injured while he was in Vietnam, there is no evidence in the available record showing his injury was sustained as a result of hostile action. 

3.  His injury is not shown on his DA Form 20 as a combat injury and his name is not shown on the Vietnam Casualty as being wounded in action.  Based on the available evidence he is not authorized award of the Purple Heart and his request should be denied.

4.  He is also not authorized award of the Wound Chevron.  In 1932, with the creation of the Purple Heart, Wound Chevrons were no longer awarded to Army personnel and in modern military are considered obsolete.

5.  In view of the foregoing, the applicant’s 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)                                         AR20090005994



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ABCMR Record of Proceedings (cont)                                         AR20110005660



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