BOARD DATE:	25 March 2014

		DOCKET NUMBER:  AR20130013421


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 was never recognized or issued a Purple Heart for a combat injury he sustained during his service in the Republic of Vietnam.  He was wounded during an assault on Hill 875.  He was treated by the platoon medic and then evacuated by helicopter.  

3.  The applicant provides:

* his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 31 October 1991
* a notarized statement from the medic of Company D, 1st Battalion,      12th Infantry Regiment, 4th Infantry Division
* a spreadsheet, titled "Delta Company Roster – October 2012," containing the names of past members of Company D, 1st Battalion, 12th Infantry Regiment
* several newspaper and magazine articles pertaining to the Battle of Dak To, which occurred during the period 3 through 22 November 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.  On 18 October 1961, the applicant was inducted into the Army of the United States.  On 30 January 1962, he was discharged for the purpose of immediate enlistment in the Regular Army.

3.  On 31 January 1962, he enlisted in the Regular Army.  On 2 December 1963, he was discharged for the purpose of immediate reenlistment in the Regular Army.

4.  On 3 December 1963, he reenlisted in the Regular Army.  

5.  He served in the Republic of Vietnam from on or about 21 August 1967 through on or about 19 August 1968.  His record does not detail his unit of assignment during this combat tour.

6.  On 5 November 1969, he was discharged for the purpose of immediate reenlistment in the Regular Army.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period does not show he was awarded the Purple Heart.

7.  On 6 November 1969, he reenlisted in the Regular Army.

8.  He served a second combat tour in the Republic of Vietnam, from on or about 10 December 1970 through on or about 4 December 1971.  His record does not detail his unit of assignment during this combat tour.

9.  On 9 February 1977, he was discharged for the purpose of immediate reenlistment in the Regular Army.  His DD Form 214 (Report of Separation from Active Duty) for this period does not show he was awarded the Purple Heart.

10.  On 10 February 1977, he reenlisted in the Regular Army.  

11.  On 1 November 1983, he attained the rank/grade of Command Sergeant Major (CSM)/E-9.

12.  On 31 October 1991, he was honorably retired from the Army after 30 years and 13 days of honorable service.  His retirement DD Form 214 does not show he was awarded the Purple Heart.

13.  His medical record is not available for review.  His available personnel record does not contain orders for the Purple Heart, nor does it contain any documentation indicating he was treated for wounds or injuries he sustained during his service in the Republic of Vietnam.  His name does not appear on the Vietnam casualty roster.

14.  He provides the following evidence in support of his request:

   a. A notarized statement from Mr. Rxxxxxx Cxxxxx, who identifies himself as the combat medic of Company D, 1st Battalion, 12th Infantry Regiment, 4th Infantry Division during the unit's engagement in the Battle of Dak To.  In his statement, Mr. Cxxxxx states the following:

As a combat medic of Company D 4th Division 1st of the 12th from 1967-1968 in the Republic of Vietnam, I remember Sergeant Hxxx Lxxxxxxx being wounded going up Hill 875.  The shrapnel tore through his left leg.  As a medic in this situation, I cleaned and bandaged the wound.  The situation on Hill 875 called for everybody to get to the top.  If you were wounded it was a situation where you had to try and keep going.  Sergeant Lxxxxxxx was one who had to keep going.  Once at the top, I checked the wound and filled out the wounded tags.  Not all wounded could get on helicopters.  To get out some had to stay behind and get medical help on top of Hill 875.  I filled out the tags on Sergeant Lxxxxxxx and sent them back to base camp.  This is my account of what happened to Sergeant Lxxxxxxx at that time in Vietnam.

   b. A spreadsheet, titled "Delta Company Roster – October 2012," containing the names of past members of Company D, 1st Battalion, 12th Infantry Regiment.  This roster shows the applicant and Rxxxxxx Cxxxxx both served in Company D during their service in the Republic of Vietnam, in 1967 and 1967; however, based on the roster, Rxxxxxx Cxxxxx also served in Company H for an unknown time during his combat tour.

   c. Several newspaper and magazine articles pertaining to the Battle of Dak To, which occurred during the period 3 through 22 November 1967.  One of these articles mentions Mr. Cxxxxx as a medic on Hill 875; however, it does not further acknowledge Company D's participation in the battle.  None of the articles specifically mention the applicant's name as a participant in that particular battle.
15.  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 U.S. Army Human Resources Command (HRC), failed to reveal any orders for the Purple Heart pertaining to the applicant.

16.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Purple Heart; however, neither his available record nor the Vietnam casualty roster provide any evidence that shows he was wounded during his period of service in the Republic of Vietnam.  Additionally, there is no evidence he received any wounds as a result of hostile action that required treatment by medical personnel, or that the resulting medical treatment was made a matter of official record.  

2.  The provided notarized statement from Mr. Rxxxxxx Cxxxxx has been considered; however, by itself it is not sufficient to prove the applicant met the regulatory criteria for award of the Purple Heart.  Regrettably, absent official documentation of his wounds and treatment there is an insufficient evidentiary basis for granting his requested relief at this time.

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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20130013421



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