DOCKET NUMBER:  AR20120010189 


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.

2.  The applicant states:

* He served in Vietnam as infantryman from August 1969 to June 1970; he was assigned as a platoon sergeant to A Company, 3rd Battalion, 503rd Infantry, 173rd Airborne Brigade
* Between August and October 1969, he was wounded; his unit received small arms fire during a patrol; he dropped to the ground near a rock when a bullet hit the rock next to his hand and fragments injured his hand
* After the shooting stopped, a medic examined his wound and gave him a topical anesthetic, dug the bullet and rock out of his hand, and bandaged it
* The medic told him he would report the injury and that he had earned the Purple Heart; he did not worry much due to tactical situation and mission; the injury was not reported and he did not receive the Purple Heart
* Years later small bits of lead would work their way out from under the skin of his left hand including a piece he noticed in the shower one day
* He was wounded and met the requirements; the medic should have reported the injury and his medical records should have listed the injury and treatment; and he should be entitled to this award

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Self-authored certificate showing award of the Purple Heart 
* Notarized statement from a former unit member - machine gunner
* Notarized statement from a former unit member - assistant machine gunner
* Notarized statement from a former unit member - combat medic
* Notarized statement from a former unit member - team/squad leader Notarized statement from a former unit member - platoon leader
* Notarized statement from a former unit member - platoon leader/executive officer/acting company commander
* Notarized statement from a former unit member - company commander
* Notarized statement from a former battalion surgeon

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 was inducted into the Army of the United States on 23 July 1968 and he held military occupational specialty 11B (Light Weapons Infantryman).  

3.  He served in Vietnam with Company A, 3rd Battalion (Airborne), 503rd Infantry, 173rd Airborne Brigade (Separate), from 3 August 1969 to 11 June 1970.  

4.  He was honorably released from active duty on 11 June 1970 in the rank/grade of staff sergeant/E-6 at the expiration of his term of service.  His DD Form 214 shows the:

* National Defense Service Medal
* Parachutist Badge
* One overseas service bar
* Combat Infantryman Badge
* Vietnam Service Medal
* Bronze Star Medal
* Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was recommended for or awarded the Purple Heart:

* Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) does not show him in a patient status
* Item 40 (Wounds) of his DA Form 20 does not show a combat wound or injury
* His records do not contain general orders awarding him the Purple Heart
* His name is not shown on the Vietnam casualty listing
* The Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to him
* His records do not contain a Western Union Telegram informing his next of kin of an injury or wound or any Army Adjutant General correspondence regarding an injury
* His service medical records are not available for review; however, his separation physical, dated 11 June 1970, does not show an injury, wound, or treatment  

6.  He submitted multiple notarized statements from former unit members as follows: 

	a.  In a statement, dated 19 March 2012, Mr. EBK, a former unit member - machine gunner states he served in Vietnam from August 1969 to mid-1970 in the applicant's platoon.  When the applicant became a platoon sergeant, while on patrol, they received small arms fire and he yelled at him to get down.  He did so but he was wounded in his hand.  He watched the medic treating and bandaging the applicant’s hand.  He earned the Purple Heart.  

	b.  In a statement, dated 25 February 2012, Mr. WWJ, a former unit member - assistant machine gunner states he served in Vietnam from mid-1969 to mid-1970 in the applicant's platoon.  Soon after the applicant became a platoon sergeant, while on patrol, they received small arms fire and the applicant was wounded in his hand.  His hand was treated and bandaged by the unit medic, Doc REM.  After Doc REM left, Doc WW took his place.  After the medic had bandaged his hand, he remembers someone teased him by saying "didn't they teach you not to hold up your hand in a firefight?"  The applicant earned the award. 

	c.  In a statement, dated 22 February 2012, Mr. PP, Jr,. a former unit member - rifleman/point man states he served in Vietnam from May 1969 to May 1970 in the applicant's platoon.  Although he does not remember the time and/or place, he remembers the applicant being wounded in his hand and his bloody hand being treated and bandaged by their medic, Doc REM.  He does not believe the applicant was evacuated due to his wound because he was able to Soldier on despite his wound.  He earned the Purple Heart.  

	d.  In a statement, dated 3 March 2012, Mr. REM, former unit member - combat medic states he served in Vietnam from May 1969 to November 1970 with Headquarters and Headquarters Company, 3rd Battalion, 503rd Infantry.  He was assigned to the applicant's platoon from June/July 1969 to October 1969.  During that time, he treated several Soldiers with a variety of injuries.  All treatment records were routinely sent to the aid station.  He did not keep a personal record of who was injured.  He believes he may have treated the applicant because he was the only combat medic assigned to the platoon.  

	e.  In a statement, dated 21 February 2012, Mr. NJL, a former unit member - team/squad leader states he served in Vietnam from July 1969 to March 1971 in the applicant's platoon.  He spent most of his time with the applicant and he believes the applicant has a high degree of integrity and honesty.  If his records do not show his wound, they should be corrected to show it as he earned the Purple Heart.  

	f.  In a statement, dated 10 April 2012, Mr. EWM, a former unit member - platoon leader states he served in Vietnam from October 1969 to December 1970 in the platoon.  He describes the applicant as a man of the highest degree of tactical knowledge, moral character, honest, and reliability.  He assisted the applicant with statements, interviews, and collecting evidence in support of the Purple Heart.  

	g.  In a statement, dated 24 February 2012, Mr. JDC, a former unit member - platoon leader, executive officer, and acting company commander states he served in Vietnam from June 1969 to June 1970, during which he served as the platoon executive officer from October 1969 to June 1970.  He states he has first-hand knowledge of the applicant's competency, dedication, honesty, and integrity.  He read the applicant's statement and finds it totally consistent with his personal knowledge of how non-disabling injuries were handled in the field.  He has no reason to doubt the accuracy of the information.  He adds that he knows that the names of those injured were transmitted back to the battalion tactical operations center and he saw the daily logs of names.  Based on his experience, the battalion staff did not act consistently and comprehensively to ensure reported battle wounds were recognized.  He endorses the applicant's entitlement to the Purple Heart.  

	h.  In a statement, dated 7 February 2012, Mr. PJW, a former unit member - company commander states he served as A Company commander from January to July 1970.  The applicant was a platoon sergeant.  He considers him an exceptional leader and a competent and professional Soldier.  He has read the multiple statements and based on his own personal combat experience, he believes the applicant's account of what occurred to be credible, accurate, and true.  

	i.  In a statement, dated 1 February 2012, Mr. PDC, a former battalion surgeon of the 3rd Battalion,503rd Infantry, based at Landing Zone Uplift, south of Bong Song, Vietnam, adds that at the time, non-disabling and non-incapacitating wounds and injuries were treated in the field by a combat medic.  Had the wound been treated at the battalion aid station, a record would have been made.  To the best of his knowledge, there was no protocol to record these wounds or injuries.  He knew the applicant in Vietnam and considers him an outstanding leader and an exemplary noncommissioned officer.  He has read the multiple statements and based on his personal experience of the battalion tactical operations at the time frame cited, the preferred field treatment of non-disabling injuries, and the necessity of maintaining unit strength, coupled with the applicant's high integrity and character, he attests to the truthfulness and accuracy of the submitted statements.  He endorses the applicant's award of the Purple Heart.  

7.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and 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.

	a.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions.

	b.  Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows:  frostbite or trench foot injuries; heat stroke; food 
poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat.  His name is not listed on the Vietnam casualty roster, and his DA Form 20 does not indicate he received a combat related wound.   Additionally, his available medical records do not reflect a combat injury and/or treatment.  

3.  The applicant's character, integrity, service in Vietnam, and leadership abilities are not in question.  Additionally, the great length he went in obtaining statements from former unit members is noted and was strongly considered.  However, despite the extraordinary effort in validating his entitlement to the Purple Heart, none of the conditions for award of the Purple Heart have been met. 

4.  First, the source or cause of this injury cannot be confirmed.  Second, there are no official medical records documenting this injury or any treatment.  Additionally, the very same three individuals – company commander, platoon leader, and unit medic – who were in the best position to initiate necessary paperwork for the Purple Heart did not do so then and did not conclusively confirm the injury or treatment for it. 

5.  Notwithstanding the applicant's contention and sincerity, and notwithstanding the former unit members' integrity and recollection of events that occurred over 42 years ago, in the absence of documentation that shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

6.  The Board wants the applicant and all others concerned to 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)                                         AR20120010189





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ABCMR Record of Proceedings (cont)                                         AR20120010189



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