IN THE CASE OF:	   

		BOARD DATE:	  15 November 2012

		DOCKET NUMBER:  AR20120007292 


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 correction of his records to show award of the Purple Heart.

2.  The applicant states he was not awarded the Purple Heart because, at the time he was wounded, his commander was killed in action.

   a.  He states he was awarded the Bronze Star Medal for heroism on
8 November 1968.  While engaged in a firefight, he took command of an assault vehicle when his commander was wounded by a rocket propelled grenade (RPG).  He moved to secure the landing zone (LZ) to remove the wounded and he was slightly wounded in his left arm and shoulder by an RPG.

   b.  During a night attack while he was on guard duty at LZ Nancy in February 1969, he was wounded in the neck by shrapnel from an RPG or mortar round that struck the bunker that he was defending.

   c.  While on a counter-attack sweep near the Laos-Cambodia borders in 1969, his tank ran over a command detonated bomb.  The explosion caused the .50 caliber machine gun to strike him in the chin, knocking out several teeth.  He was treated at Quang Tri Medical Facility and later at Fort Riley, Kansas.

3.  The applicant provides his Bronze Star Medal orders and three photographs, including one from a newspaper clipping.


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 14 August 1967 for a period of 3 years.  He was awarded military occupational specialty 11D (Armor Intelligence Specialist).

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

a. item 31 (Foreign Service):  Vietnam - 9 September 1968 through
31 August 1969;

	b.  item 38 (Record of Assignments):

* B Troop, 1st Squadron, 11th Armored Cavalry Regiment, from
12 September 1968 through 25 January 1969
* A Troop, 4th Squadron, 12th Cavalry, 1st Brigade, 5th Infantry Division (Mechanized), from 26 January through 26 August 1969

	c.  item 40 (Wounds):  no entry (is blank); and

	d.  item 41 (Awards and Decorations):  no listing of the Purple Heart.

4.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant was honorably released from active duty on
13 August 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  

   a.  He completed 3 years of net active service this period.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the Purple Heart.
5.  In support of his request, the applicant provides the following documents:

   a.  Headquarters, II Field Force Vietnam, General Orders Number 202, dated 26 January 1969, that shows the applicant was awarded the Bronze Star Medal with "V" Device for heroism against a hostile force on 8 November 1968 in the Republic of Vietnam.  The narrative describes the applicant's heroism; however, it does not mention that he was wounded during the action.

   b.  Headquarters, XXIV Corps, General Orders Number 1130, dated 28 July 1969, and an award citation that shows the applicant was awarded the Bronze Star Medal for meritorious service in the Republic of Vietnam from September 1968 to September 1969.  The citation does not show he was wounded during this period of service.
   
   c.  A photograph from a newspaper, dated 20 January 1969, shows the applicant was awarded the Bronze Star Medal for his actions in an engagement in which the 11 Armored Cavalry Regiment was credited with killing 155 North Vietnamese regulars.  The caption states, in part, "He was slightly wounded in the arm and shoulder."
   
   d.  Two photographs presumably of the applicant while he was serving in the Republic of Vietnam.

6.  A review of the applicant's military personnel records failed to reveal any evidence he was awarded the Purple Heart.

7.  The Vietnam casualty listing does not show the applicant's name.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It shows the Purple Heart is awarded to any member who was wounded or killed in action or as a result of enemy action.

   a.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.

   b.  In order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim to the Purple Heart was carefully considered.
	
   a.  The caption for the photograph in the newspaper clipping provided by the applicant stated the applicant was "slightly wounded in the arm and shoulder" on 8 November 1968.  However, it offers insufficient evidence to support award of the Purple Heart.

   b.  There is no evidence in the applicant's military personnel records that shows he was wounded or injured in action as a result of a hostile act of the enemy.

   c.  There is no record of medical treatment to satisfy the strict requirement for award of the Purple Heart.

	d.  The applicant's name is not listed on the Vietnam casualty listing and there is no evidence the applicant was awarded the Purple Heart.
   
2.  The sincerity of the applicant's claim is not in question.  However, in order to support awarding a member the Purple Heart, it is necessary to establish that the individual was wounded or injured in action or as a result of enemy action, the wound required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  The evidence of record does not satisfy the criteria for award of the Purple Heart.

3.  In view of all of the foregoing, there is an insufficient evidentiary basis to support the applicant's claim to the Purple Heart.

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)                                         AR20120007292



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ABCMR Record of Proceedings (cont)                                         AR20120007292



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