IN THE CASE OF:	  

		BOARD DATE:  15 November 2012

		DOCKET NUMBER:  AR20120007944 


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 his award of the Purple Heart be added to his 
DD Form 214 (Report of Transfer or Discharge) with an effective date of 
18 July 1967.

2.  The applicant states he sent requests to the Department of Veterans Affairs (VA), U.S. Army Human Resources Command (HRC), and the National Personnel Records Center (NPRC) attempting to get his Purple Heart added to his DD Form 214.

3.  His platoon was engaged in a battle at Bong Trang near Lai Khe, Vietnam on 
25 August 1966.  His platoon was assigned as the flank platoon on the left side.  It was during their attempt to flank the enemy, not realizing they were up against over 3,000 Viet Cong in a fortified base camp, that he was wounded by enemy hand grenades.  He was wounded in the foot and leg by enemy hand grenade shrapnel.  His most serious wounds were in his right foot and contained within his boot.  

4.  By nightfall, most of the Company C and Company B officers were wounded and evacuated.  He chose to remain overnight to organize and supervise their defensive perimeter until morning.  Early on the morning of 25 August 1966, he was evacuated and sent to a hospital near Saigon.  He spent 4 weeks or so recuperating from his wounds to his right foot.  

5.  He returned to his battalion in September or early October 1966 where he was awarded his Purple Heart by a major, either the executive officer or the operations officer.  He has the original Purple Heart in his box of medals.

6.  A check of the morning reports for B Company, 1st Battalion, 2nd Infantry will show that he was in the hospital from 26 August 1966 for at least 4 weeks.

7.  The applicant provides:

* a photograph of his Purple Heart
* a photograph of his foot
* his request, dated 6 February 2012, to HRC
* a letter, dated 25 January 2012, from NPRC
* a letter, dated 27 February 2012, from HRC
* his request, dated 13 March 2012, to NPRC
* a letter, dated 5 April 2010, from NPRC
* his DD Form 214 with an effective date of 14 September 1965
* his DD Form 214 with an effective date of 18 July 1967

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.  After having had prior enlisted service, he was commissioned a second lieutenant on 15 September 1965 and entered active duty that date.  

3.  He served in the Republic of Vietnam from 18 July 1966 to 18 July 1967.  He was assigned to:

* Company B, 1st Battalion, 2nd Infantry - 26 July - 20 September 1966
* Company A, 1st Aviation Battalion - 21 September 1966 - 17 July 1967

4.  On 18 July 1967, he was released from active duty.  He completed 1 year, 
10 months, and 4 days of active service that was characterized as honorable.  His DD Form 214 does not show he was awarded the Purple Heart.

5.  Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) does not show the award of the Purple Heart.

6.  His service medical records were not available for review.  His name does not appear on the Vietnam casualty listing.

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

8.  In a letter, dated 27 February 2012, the Awards and Decorations Branch at HRC notified the applicant they were unable to verify his entitlement to the Purple Heart.  HRC also provided various methods and possible sources of evidence he could research to verify his entitlement to the Purple Heart.  HRC referred him to NPRC for possible further assistance in obtaining evidence to support his request.

9.  In response to his request, dated 13 March 2012, NPRC, in a letter, dated 
5 April 2012, notified the applicant the authority to correct military records was a function of the various military departments.

10.  Army Regulation 15-185 (Army Board for Correction of Military Records) states that the ABCMR is not an investigative body.  The applicant has the burden of providing an error or injustice by a preponderance of the evidence.

11.  Army Regulation 672-5-1 (Military Awards), then in effect, provided that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who while serving under competent authority in any capacity with one of the U.S. Armed Services had been wounded, killed, or who had died as a result of a wound sustained 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.

DISCUSSION AND CONCLUSIONS:

1.  The sincerity of his statements concerning the events of 25 and 26 August 1966 is not in question.  However, there is no official documentation to corroborate his statements.  His medical records were not available for review and he submitted no evidence that he received treatment for wounds received as a result of hostile action.  

2.  His DA Form 66 contains no entries showing he was awarded the Purple Heart.  There are no orders in ADCARS awarding him the Purple Heart and the Vietnam casualty listing does not list him as a casualty.  

3.  The ABCMR is not an investigative agency.  The burden of providing evidence to support a request to the ABCMR rests with the applicant.

4.  Therefore, in the absence of evidence showing he was wounded as result of hostile action, the wound required treatment by medical personnel, and the medical treatment was made a matter of official record, there is an insufficient basis to add the Purple Heart to his DD Form 214.

5.  It appears the letter, dated 5 April 2012, from NPRC misinterpreted the applicant's request in that they only addressed the correction of records.  It is recommended he resubmit his request specifically asking for a copy of morning reports for the time frame in question.

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)                                         AR20120007944



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120007944



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1