IN THE CASE OF:	  

		BOARD DATE:	  25 April 2013

		DOCKET NUMBER:  AR20120017754 


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 record to show award of the Purple Heart.

2.  The applicant states the Purple Heart is not entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) nor is there any paperwork from a medic.  However, both he and his former commander state the Purple Heart was pinned on him by General Williamson of the 25th Infantry Division along with a Silver Star, for action on 18 September 1968.

3.  The applicant provides a notarized statement from a former commander and a copy of his DD Form 214. 

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 26 May 1966.  He completed training and he was awarded military occupational specialty 11F (Infantry Operations and Intelligence Specialist).  On 29 March 1967, he was honorably discharged to accept a commission.  He entered active duty as a commissioned officer on 30 March 1967.  He subsequently served in the Republic of Vietnam for the period 1 March 1968 through 25 November 1968 in specialty 1542 (Infantry Unit Commander).

3.  The applicant was awarded the Silver Star for gallantry in action from           16 through 17 September 1968.  The citation does not indicate he was wounded.

4.  On 29 March 1969, he was honorably relieved from active duty and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 he was issued at the time does not show award of the Purple Heart.

5.  The applicant's Army Military Human Resource Record (AMHRR), formerly known as the official military personnel record, contains no medical records nor did the applicant provide any medical records which show he was wounded in action or treated for a wound received as a result of enemy action.  His AMHRR also does not contain orders awarding him the Purple Heart.

6.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty

7.  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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

8.  The applicant provides a notarized statement from a former commander who states:

   a.  The applicant's platoon was designated to occupy an ambush position approximately 1000m north of a firebase to provide early warning for enemy approaching the firebase from the north.

   b.  The applicant triggered an ambush on approximately a battalion of enemy that was in the midst of conducting an attack on the firebase.  He adjusted "danger close" artillery fire for over four hours in a box around his ambush site so close that the possibility of friendly positions taking shrapnel existed.

   c.  The following morning, 18 September 1968, the applicant returned from the ambush with two Soldiers who had been seriously wounded and were medically evacuated for hospital care and four or five others who received minor wounds to include the applicant who were treated by the firebase medics.  The applicant received a one inch piece of shrapnel that had lodged in his upper back near the left shoulder.  Medics dug out the shrapnel and closed the wound.  The applicant refused to be medically evacuated to the rear in order to remain with his platoon.

   d.  Later in the day or perhaps the following day, Major General Williamson, commander of the 25th Infantry Division, visited the firebase and decorated several Soldiers to include the applicant who was pinned with a Silver Star and the Purple Heart. 

9.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-8 contains guidance on the Purple Heart.  It states the Purple Heart is awarded to members wounded in action and states that in order 
to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart was carefully considered.  However, there is insufficient evidence to support this claim.

2.  Notwithstanding the applicant's contention, in order to support award of the Purple Heart the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action.  The wound must have also required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record.

3.  The applicant's service in the Republic of Vietnam and his sincerity is not in question.  However, his record contains no medical treatment records or other documentation to confirm he was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the Republic of Vietnam which would corroborate the statement he provided.  

4.  In the absence of official documentary evidence, the regulatory burden of proof necessary to support award of the Purple Heart has not been met; therefore, it would not be appropriate to award the applicant the Purple Heart in this case.

5.  The applicant and all others concerned should know this action in no way diminishes the sacrifices made by the applicant 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)                                         AR20120017754



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ABCMR Record of Proceedings (cont)                                         AR20120017754



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