IN THE CASE OF: 

		BOARD DATE:	  10 July 2014

		DOCKET NUMBER:  AR20130020224 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Presidential Unit Citation and the Purple Heart.

2.  The applicant states, in effect:

   a.  He located proof his unit, 69th Signal Battalion, was awarded the Presidential Unit Citation.  He further states he was injured while on duty at the Westmoreland Compound, Saigon, and he was sent to the 42nd Field Hospital for four broken ribs.  He was told he was going to be put in for the Purple Heart; however, he cannot find any evidence because his records are so redacted due to classified information.  He believes this injury occurred in February 1966.  He also claims to have been injured in the early hours of 13-14 April 1966, when Tan Son Nhut Air Force Base came under heavy artillery attack on the day he was to be shipped back to the Continental United States.

   b.  He also states he was injured en route to the Republic of Vietnam when he became temporarily paralyzed from the waist down for approximately 10 days.  Doctors never determined the cause.  Because this occurred on a ship not owned by the U.S. Army or Navy, the National Personnel Records Center (NPRC) could not provide him with any records of the incident.
   
   c.  After service he applied to various agencies and had background checks performed by the Federal Bureau of Investigation, but was told his records were so redacted they could not prove much and he was turned down for employment by the Central Intelligence Agency and the Border Patrol.
   
   d.  He feels he is being persecuted by his government because his brain holds too much classified information.  He was forced to sign an oral debriefing stating he would safeguard classified information and other matters requiring protection in the public interest and he now feels his country has not helped him receive the awards he is entitled.  He has worked to locate his files and personnel who could assist him to no avail.
   
   e.  In fairness, he believes justice should be rendered to pay respect for his service.  He was bombarded every day with Agent Orange while serving in the Republic of Vietnam, and while he may not have died there, he is dying due to his military service.
   
3.  The applicant provides:

* a letter from the NPRC
* DD Form 214
* 2 photographs
* an extract of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)
* a database page for a former Soldier
* various newspaper clippings
* Oral Debriefing Statement
* a map

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 23 April 1963.  He completed training and he was awarded military occupational specialty 72B (Communications Center Specialist).  Evidence shows he served as a clerk typist in the Republic of Vietnam from 13 October 1965 to 16 April 1966 with           Company A, 69th Signal Battalion.

3.  On 17 April 1966, he was honorably released from active duty as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Annual Training).  The DD Form 214 he was issued does not show award of the Presidential Unit Citation or the Purple Heart.

4.  On 4 December 1974, he enlisted in the Regular Army.  On 25 February 1976, he was honorably discharged in accordance with Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), under the Expeditious Discharge Program.  The DD Form 214 he was issued does not show award of the Presidential Unit Citation or the Purple Heart.

5.  On 28 December 1982, the applicant's DD Form 214 for the period ending      25 February 1976 was corrected by a DD Form 215 (Correction of DD Form 214); however, it does not show he was awarded the Presidential Unit Citation or that he was entitled to award of the Purple Heart.

6.  The applicant's record is void of orders or documents that indicate he was awarded the Purple Heart by proper authority while serving on active duty.  It also contains no medical records showing he was wounded in action or treated for a wound received as a result of enemy action.

7.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster.  The applicant's name is not included on the roster.

8.  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.

9.  The applicant provides photos, newspaper clippings, and an extract of Department of the Army Pamphlet 672-3.  He highlights a portion of the pamphlet that shows the 69th Signal Detachment was awarded the Presidential Unit Citation for the period 10 through 13 June 1965, by Department of the Army General Order Number 43, dated 1966.

10.  Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

11.  Department of the Army Pamphlet 672-3 was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet does not show that the unit to which the applicant was assigned was cited for award of the Presidential Unit Citation during his service with this unit or at any time during its service in Vietnam.

12.  Army Regulation 600-8-22 provides the Army's awards policy.  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.

13.  An Office of the Deputy Chief of Staff for Personnel memorandum, dated 23 June 1989, provided guidance on Agent Orange relative to award of the Purple Heart.  It states the criteria for award of the Purple Heart is established in several Presidential Executive Orders.  Award of the Purple Heart is based upon wounds resulting from hostile actions.  Since Agent Orange was employed by U.S. Forces in the Republic of Vietnam as a chemical defoliant and not by the enemy, its use cannot be construed as a hostile action on the part of the enemy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to award of the Presidential Unit Citation was carefully considered.

2.  The evidence of record shows he served with Company A, 69th Signal Battalion (not the 69th Signal Detachment) in Vietnam.  However, the pertinent Army regulation does not show this unit was cited for award of the Presidential Unit Citation at any time during its period of service in Vietnam.  Therefore, there is insufficient evidence to add this unit award on his DD Form 214.

3.  The applicant's request for correction of his record to show award of the Purple Heart was also carefully reviewed.  The statement provided by the applicant was considered; however, absent independent corroborating evidence, there is not sufficient evidence for award of the Purple Heart.

4.  The Board begins its consideration of each case with a presumption of regularity; that is, what Army records reflect is correct and the burden of proving otherwise rests with the applicant.  

5.  In this case, there is no medical evidence in the applicant's records and the applicant does not provide any medical evidence to support his claim.  In addition, his name is not included on the Vietnam casualty listing, the official Department of the Army list of Republic of Vietnam battle casualties.  

6.  The applicant's contention that he is a victim of Agent Orange exposure and should be awarded the Purple Heart was carefully considered.  Based on the 23 June 1989 memorandum from the Office of the Deputy Chief of Staff for Personnel, Agent Orange was only employed by U.S. Forces in Vietnam and not by the enemy.  Therefore, its use cannot be construed as a hostile action on the part of the enemy and exposure to Agent Orange cannot be considered as a basis for award of the Purple Heart.

7.  The applicant's service in the Republic of Vietnam and his sincerity are not in question.  However, his record contains no medical treatment records or other documents which 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.  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.

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)                                         AR20130020224





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ABCMR Record of Proceedings (cont)                                         AR20130020224



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