BOARD DATE:	  19 September 2013

		DOCKET NUMBER:  AR20130003134 


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.  He states he deserves an award of the Purple Heart and wishes to set the record straight.

3.  He provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 
* DD Form 215 (Correction to DD Form 214)
* self-authored letters
* two statements from individuals who served with him

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.  On 14 June 1966, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty (MOS) 76A (Supply Clerk).  He was later awarded primary MOS 11B (Light Weapons Infantryman).  

3.  He served in Vietnam from 15 December 1966 to 10 December 1967.  During this period, he was assigned to:

* Headquarters and Headquarters Company, 25th Supply and Transport Battalion, from 24 December 1966 to 7 August 1967
* Troop D, 3rd Squadron, 4th Cavalry, 25th Infantry Division, from 8 August to 5 December 1967

4.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows no entries.  Item 41 (Awards and Decorations) does not show he was awarded the Purple Heart.

5.  On 15 June 1968, he was honorably released from active duty.  His DD Form 214, as amended by a DD Form 215, does not show the Purple Heart.

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

7.  A review of his record failed to reveal orders awarding him the Purple Heart.  

8.  His name does not appear on the Vietnam casualty roster.

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 Purple Heart to him.

10.  On 2 May 2002, the Military Awards Branch, U.S. Total Army Personnel Command (now the U.S. Army Human Resources Command (HRC)), informed him they had reviewed casualty report records for Vietnam and did not find his name on the list of battle casualties.  

11.  In support of the request he submitted to HRC, the applicant provided a statement, dated 14 December 2001, from a Mr. DRM, formerly a specialist four/E-4 assigned to Troop D, 3rd Squadron, 4th Cavalry, 25th Infantry Division, in the summer of 1967.  While on an operation, he and the applicant were walking in a line formation along a narrow hedgerow when they were ordered to take cover.  As they crossed over to the other side of the hedgerow, the applicant slipped into a booby trap of pointed bamboo stakes with a homemade land mine at the edge of the hole.  SP4 DRM stated he grabbed the applicant from behind and pulled him out.

12.  The applicant provides two statements from individuals who served with him.

	a.  In a statement dated 3 August 2012, Colonel (COL) (Retired) TEF states he served as a service platoon commander from February to September 1967 and as a troop commander from September 1967 to February 1968.  He summarizes the applicant's service in Vietnam.  He recalls a rifleman being wounded as described below, and to the best of his knowledge, the applicant was that Soldier.  

		(1)  He states that on 16 October 1967, the applicant's aero-rifle platoon was inserted into a Viet Cong stronghold.  The platoon was on a dismounted reconnaissance/search and destroy mission when the applicant slid into a booby-trapped hole containing sharpened bamboo stakes laced with human waste.  Another Soldier, Specialist Four (SP4) DRM, acted quickly and pulled the applicant back before he reached an explosive rigged at the bottom of the hole.  

		(2)  The applicant was punctured by the bamboo stakes, and the resulting wounds required his evacuation by helicopter to the 12th Evacuation Hospital for treatment.  COL TEF states that as troop commander he personally commanded and controlled the mission and movement of the aero-rifle platoon.  

	b.  In a statement dated 23 October 2002, Mr. DRM stated he wished to clarify the statement he had provided on 14 December 2001.  He stated the applicant was punctured by bamboo stakes in the incident.  The field medic was nearby and treated the applicant.  He was then evacuated for further treatment.

13.  In a self-authored letter, the applicant summarizes his service in Vietnam and states that, on 16 October 1967, while on a search and destroy mission, he fell into a booby-trapped hole with sharpened bamboo stakes laced with human waste.  The stakes penetrated his skin causing wounds that needed immediate medical treatment.  He was treated by the unit's medic and taken to the 25th Medical Battalion for further treatment and released.

14.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart 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.  Award of the Purple Heart must be announced in orders.

DISCUSSION AND CONCLUSIONS:

1.  The available record shows no apparent reason to doubt the applicant's statement or the statements of COL TEF and Mr. DRM.  Unfortunately, these statements are not substantiated by any documentary evidence.  

2.  In the absence of official documentation confirming he was injured as a result of hostile action, that the injury required treatment by medical personnel, and that the medical treatment was made a matter of official record, there is an insufficient basis for awarding him the Purple Heart or correcting his record to show this award.

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)                                         AR20130003134





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ABCMR Record of Proceedings (cont)                                         AR20130003134



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