IN THE CASE OF:	  

		BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110005858 


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, in effect, award of the Purple Heart.

2.  He states he was wounded on three separate occasions while in the jungles of Vietnam; however, he was never awarded the Purple Heart.  After searching for over 40 years, he finally found the medic who treated him.  During his tour in Vietnam, he had to clear a land zone and recover the remains of the deceased.  

3.  He adds that although he endured life threatening injuries, he had to stay out in the combat zone as long as he could due to the shortage of personnel and on some occasions, records of injuries never made it back to base camp.  

4.  He provides:

* His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* A self-authored statement
* A notarized personal witness 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.  His military service records show he was inducted into the Army of the United States on 15 December 1965.  Upon completion of training, he served in military occupational specialty 11B (Light Weapons Infantryman).  

3.  His DA Form 20 (Enlisted Qualification Record) shows:

* Item 31 (Foreign Service) – he served in Vietnam from 23 June 1966 through 20 July 1967
* Item 40 (Wounds) – is blank
* Item 41 (Awards and Decorations) – does not contain the Purple Heart

4.  His DD Form 214 shows he was honorably released from active duty on 
14 December 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training).  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the Purple Heart.  

5.  His name does not appear on the Vietnam casualty roster and his military medical records are not available for review.

6.  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 United States Army Human Resources Command, failed to reveal any orders awarding him the Purple Heart.   

7.  He provided a self-authored statement which is addressed to Mr. W (a combat medic).  He lists the following incidents:

	a.  Between November and December 1966, he was serving as point man during a mission and upon exiting a stream, he stepped on a Pungi stake and sustained injuries to both feet.  The medic treated him with morphine and bandaged the wounds.

	b.  Between January and February 1967, a piece of shrapnel went through his back pack and into his back.  The medic treated him with morphine and bandaged the wound.

	c.  He also came down with jungle rot on several occasions, was sprayed with Agent Orange, pushed out of a helicopter and developed malaria.  He received treatment for all.  

	d.  He spent two weeks in Camron Bay Hospital toward the end of his tour, he was reassigned to a trucking company and then was sent back to the United States.  

8.  He provided a notarized personal witness statement from his medic in Vietnam.  The medic states he remembers the applicant and removing shrapnel from his back; however, he did not give him morphine, but gave him penicillin instead.  This is all he remembers due to his own diagnosis of Post-Traumatic Stress Disorder (PTSD). 

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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, and the medical treatment must have been made a matter of official record.  There is no statute of limitations governing requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  His request for award of the PH was carefully considered; however, it is not supported by the available evidence of record.  

2.  The medic remembers removing the shrapnel from the applicant’s back and treating him with penicillin.  However, there is no evidence to show that the applicant was treated for a wound which was a result of hostile action.  

3.  In the absence of such evidence there is an insufficient basis on which to grant the requested relief.  Should the applicant obtain a copy of his medical records or some other form of documentation which show his injuries were a result of hostile action and were treated by medical personnel, he can use that documentation as new evidence to resubmit his request. 



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)                                         AR20110005858





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ABCMR Record of Proceedings (cont)                                         AR20110005858



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