IN THE CASE OF:	  ARNOLD, HARVEY E. 

		BOARD DATE:	  24 July 2014 

		DOCKET NUMBER:  AR20130019299 


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 (PH) for a minor lip wound from a sniper incident that was incorrectly diagnosed.

2.  He states that the attending Army physician at the 24th Evacuation in Long Binh refused to consider his recount of the sniper event that transpired on the perimeter on 23 July 1967.

3.  He provides:

* two self-authored statements
* two DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* photos
* medical documents
* a letter from the U.S. Army Human Resources Command (HRC) Awards and Decorations Branch
* a letter addressed to the National Personnel Records Center
* a newspaper article

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 enlisted in the Regular Army on 27 January 1965.  He served in Vietnam from 8 September 1966 to 7 September 1967.  

3.  His DA Form 20 (Enlisted Qualification Record) does not list any entries in item 40 (Wounds) or an entry for award of the PH in item 41 (Awards and Decorations).  

4.  His service record does not contain orders that show he was awarded the PH and the Vietnam Casualty Roster does not list his name.  

5.  He provided the following documents which show:

	a.  Standard Form (SF) 513 (Consultation Sheet), dated 24 July 1967, he had staph cellulitis to his right upper lip.  This medical document noted "In view of possibility of onset of cavernous sinus thrombosis would appreciate observation in hospital setting."

	b.  SF 600 (Chronological Record of Medical Care) shows he was treated on 24 July 1967 for staph cellulitis to his right upper lip with submental adenopathy.  

	c.  Newspaper articles, dated 30 November 2012, a historical background of his military career and educational accomplishments.  He referred to his experience in Vietnam.  

6.  He was honorably released from active duty on 2 January 1968 and was transferred to the U.S. Army Reserve Control Group on the following date.  His DD Form 214 issued for this period does not show award of the PH.  

7.  He subsequently served as a commissioned officer in the U.S. Marine Corps Reserve during 1974 to 1976. 



8.  On an unknown date, he applied to the HRC, Awards and Decorations Branch requesting award of the Purple Heart for injuries he received during his service in the Republic of Vietnam.  His request was denied on 27 April 2010.  The letter informed him that his medical documentation was reviewed and there was no evidence that the injury to his lip was the direct result of enemy action and was unable to authorize him an award of the Purple Heart.  

9.  He provided a self-authored statement, dated 15 June 2013, in which he states:

	a.  his unit, the 551st Transportation Company, arrived in Cam Ranh Bay, Vietnam on 7 September 1966 and remained there until March 1967 when his unit was relocated to Long Binh.  

	b.  he was promoted to sergeant, E-5 on 12 May 1967.

	c.  his lieutenant immediately reassigned him to the perimeter guard unit which was composed of men from the surrounding companies of the 1st Logistical Command.  He served as a guard platoon leader until his departure on 7 September 1967.

	d.  he spent 4 days in the 24th Evacuation Hospital due to the sniper incident described in his letter to the U.S. Army and his Congressman.  Since he was reassigned to the guard unit and no longer interacted with the 551st Transportation Company, he's confident the morning reports will not document or substantiate the hostile event leading to his 4-day hospitalization.  However, his medical records will definitely document his 4-day stay at the 24th Evacuation Hospital.

	e.  the attending physician judged his condition (wound to the upper lip area) to be the result of a spider or scorpion bite and not the result of debris from the sniper round.  

10.  He provided a second self-authored statement, dated 15 June 2013, in which he reiterates his contentions and describes the sniper incident.  

   a.  on 23 June, he was checking one of their field phones on the perimeter because they had been unable to communicate with the guards in that bunker the previous night.  He stood up in the bunker while stripping the communication wire to ensure better contact when a sniper round slammed into the beam supporting the sandbagged roof about 6 inches from his face.  
   
   b.  his lip was impacted either by fragments from the bullet and/or from splintering and shattered wood after the round impacted.  When he returned to the command post, he shared the sniper incident with a staff sergeant, a lieutenant, and a few of his men.  Although he was shaken, he continued to perform his perimeter guard duties.  
   
   c.  his lip began to swell later that evening and he was taken to the 24th Evacuation Hospital the next day where he remained for 4 days.  The doctor made an incision in his upper left lip, stuck the point of a pair of surgical scissors in the slit, and opened up the scissors.  He saw the doctor daily, but he didn't press him about the nature of the wound again because he was an older major.  

   d.  He described his post-service accomplishments.

11.  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 PH pertaining to the applicant.

12.  Army Regulation 600-8-22 (Military Awards) provides the PH is awarded for a wound sustained 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 received a minor lip wound from sniper incident.  

2.  By regulation, in order to be awarded the PH, it is necessary to establish that a Soldier was wounded in action, the wound required treatment by medical personnel, and the treatment must have been made a matter of official record.  

3.  His medical documents indicate he was diagnosed with staph cellulitis to his right upper lip.  However, his service record is void of evidence and he has not provided sufficient evidence that shows he was wounded as a result of hostile action in Vietnam.  His name is not listed on the Vietnam Casualty Roster and his DA Form 20 does not show he was wounded in action.

4.  In the absence of evidence that shows he was wounded or injured as a result of hostile action, there is an insufficient basis upon which to base award of the PH in this case.
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)                                         AR20130019299





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ABCMR Record of Proceedings (cont)                                         AR20130019299



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