IN THE CASE OF:	  

		BOARD DATE:	  15 May 2012

		DOCKET NUMBER:  AR20110020575 


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 and any other commendations and awards to which entitled. 

2.  He states that on 8 January 1969, he received an injury to his forearm as a result of a rocket propelled grenade (RPG) hitting his tank in Vietnam.  His tank commander was also injured from the same event.  He contends there was not any time to take notes and list his name on a casualty feeder card.  The medic quickly wrapped his arm and then proceeded to treat his tank commander. 

3.  He states his unit continued field operations until around 19 January 1969, and by then a serious infection had set in his arm and he was later transferred to the 1st Brigade, 25th Infantry Division Troop Medical Clinic in Tay Ninh for recovery in a clean environment.  

4.  He adds that upon realizing that the significant events in his life resulted in his combat related Post-Traumatic Stress Disorder (PTSD), he began to receive counseling and subsequent healing.  He spent 40 years in denial which resulted in 2 lost marriages and the disrespect of his children.  

5.  He did not pursue the Purple Heart during his tour in Vietnam because he only wanted to get home and put the war behind him.  He has requested additional records from where he received treatment for the infection which set in his arm in late January 1969.



6.  The applicant provides three personal witness 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 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.  He was inducted in the Army on 8 April 1968.  Upon completion of training, he served in military occupational specialty 11E (Armor Crewman).  

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

* Item 31 (Foreign Service) – he served in Vietnam from 3 September 1968 to 27 September 1969
* Item 40 (Wounds) – is blank
* Item 41 (Awards and Decorations) – is void of the Purple Heart

4.  The applicant's military medical records are not available for review.  

5.  His military personnel file does not contain any documentation which shows his injuries; the cause of those injuries; or that he received medical treatment as a result of his injuries. 

6.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 7 April 1970.  This form does not show he was awarded the Purple Heart.  

7.  The applicant’s name does not appear on the Vietnam casualty roster.

8.  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.   
9.  He provided three personal witness statements which were written in 2011 by his tank commander, platoon leader, and troop commander during his service in Vietnam.  These statements give a timeline and an account of the events surrounding the applicant's injuries:

	a.  Staff Sergeant (SSG) M states he was the tank commander and the applicant was a tank crewman and loader on the A-16, M48A3 Tank on the day they were both injured.  On 8 January 1969, they were on a reconnaissance-in-force operation when they encountered a company of the North Vietnamese Army (NVA) near the bank of the Saigon River.  They received heavy small arms, recoilless rifle and RPG fire.  Their tank was hit in the turret by an RPG round.  

	b.  SSG M thanks God everyday for the heroism and valor the applicant and another Soldier showed that day as they continued to fight.  The applicant's arm was wounded and he received medical treatment in the field.  

	c.  Major (Retired) M, who was the applicant's platoon leader at the time, states that on 8 January 1969, while on a reconnaissance-in-force operation, their unit encountered an NVA company which was dug in near the bank of the Saigon River.  The applicant's tank took an RPG in the turret.  The tank commander was severely wounded and medically evacuated along with one other Soldier.  The applicant received a wound to his arm and was treated in the field.  He also gives a sequence of events in which their unit was attacked on other days. 

	d.  Lieutenant Colonel (LTC) (Retired) M was the applicant's troop commander at the time.  He provides an account of the sequence of events starting in November 1968 and leading up to 8 January 1969.  He states that on 8 January 1969, he was accompanying the applicant's platoon.  He does not recall whether it was the first or second time that the platoon moved up the Saigon River, that the tank took an RPG.

	e.  LTC M recalls SSG M being injured and medically evacuated.  He has since been made aware that the applicant was also injured during the same attack and received medical treatment in the field.  He feels terrible that it has been more than 42 years, and the applicant was not recommended for award of the Purple Heart at the time.  His biggest regret is that he did not ensure that his officers, noncommissioned officers and troopers were decorated well enough with material awards or verbal thanks. 

10.  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, and the medical treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

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

2.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

3.  Two of the three witness statements submitted by the applicant, from his former tank commander and platoon leader, corroborate being with the applicant on the day he was wounded in the arm and received treatment from the medic in the field.  The third statement, which is from his troop commander at the time, can only recall the injuries the tank commander received.  He states he had since been made aware that the applicant was also injured during the same event. 

4.  Lacking any corroborating evidence of record such as official medical documentation, showing the applicant was treated for an injury that was the direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  Additionally, the applicant's name does not appear on the Vietnam casualty roster.

5.  In the absence of such evidence, there is an insufficient basis on which to grant the requested relief.  

6.  The applicant and all others concerned should know that 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.  

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)                                         AR20110020575





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ABCMR Record of Proceedings (cont)                                         AR20110020575



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