BOARD DATE:	24 February 2015  

		DOCKET NUMBER:  AR20140012340 


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 (PH) as a result of injuries he received in the Republic of Vietnam (RVN) between 12 and 13 July 1970.

2.  The applicant states he did not receive the PH for shrapnel wounds to his leg during a mortar attack in Kham Duc (KD), RVN.  He states because there were so many injured, he was treated by a medic on site and refused "dustoff."    

3.  The applicant states that he has had blood clots and venous problems in his right calf over the years and that he has some scarring due to his injury.  

4.  He provides:

* a self-authored letter to the Army Board for Correction of Military Records (ABCMR), dated 9 July 2014
* two letters of support

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 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.  On 29 July 1968, the applicant enlisted in the Regular Army (RA).  After completing initial entry training, he was awarded military occupational specialty 13E (Cannon Fire Direction Specialist).  

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

* item 38 (Record of Assignments) - 5 September 1969 through
24 February 1971, he was assigned to duty in the RVN with the 3rd Battalion, 82nd Artillery, Americal Division 
* Item 38 - 19 January 1970 through 24 February 1971, his principal duty was liaison sergeant 
* item 40 (Wounds) – no entry
* item 41 (Awards and Decorations) – no entry for the PH

4.  On 1 March 1971, the applicant was honorably released from active duty and transferred to the Army Reserve. 

5.  On 11 December 1972, he enlisted in the RA.  After completing initial entry training, he was awarded military specialty 00E (Recruiter and Career Counselor).

6.  On 29 August 1975, he was honorably released at the end of his enlistment.  His DD Form 214 does not show the PH.

7.  There are no general orders that show the applicant was awarded the PH.  Evidence of record does not show the applicant was wounded as a result of hostile action or treated for such wounds.  The applicant's name does not appear on the RVN Casualty Roster.

8.  His service medical records are not available for review.

9.  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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the PH to him.


10.  The applicant provides statements from former 1st Lieutenant (1LT) K and former Captain (CPT) J, who state the following:

   a.  CPT J confirms that the applicant was his replacement for the unit in KD, RVN in June 1970.

   b.  1LT K, who was the Reconnaissance Leader for 2nd Platoon, 1st Battalion, 196th Light Infantry Brigade, was sent to KD, RVN to reinforce an evacuation after KD had fallen to North Vietnam.  He states that in the summer of 1970, the unit was given a task of retaking KD airfield.  Due to the recent rotation of CPT J, who was the liaison officer for the unit, several young officers were vetted as potential replacements; however, the applicant was chosen due to his experience.

   c.  Furthermore, 1LT states the applicant, who was originally a part of the 3rd 
Platoon, 82nd Artillery Battalion liaison team, was now attached to and in support of 2nd Platoon, 1st Battalion, 196th Light Infantry Brigade, as the liaison officer.  In the summer of 1970, the applicant was in KD, RVN.  1LT K provides a list of events between 12 and 13 July 1970, detailing how the applicant was wounded early on in the action, but continued, not seeking medical treatment until the area was secured.  He states the applicant received shrapnel wounds to his lower body from mortar rounds.

11.  Army Regulation 600-8-22 (Military Awards) states the PH 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 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 available evidence does not support correction of his DD Form 214 to show he was wounded in the leg or awarding him the PH.

2.  There is no official documentation showing he was wounded as a result of hostile action, that the wound required treatment by medical personnel, or that the medical treatment was made a matter of official record.  

3.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in Item 40, and his name is not listed on the RVN Casualty Roster. 

4.  The statements provided by the applicant were carefully considered, but absent independent corroborating evidence, they are not a sufficient basis for award of the PH.  In view of the foregoing, there is no basis for granting the relief he has requested.  

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)                                         AR20120019420



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ABCMR Record of Proceedings (cont)                                         AR20140012340



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