IN THE CASE OF:	  

		BOARD DATE:	  23 July 2015

		DOCKET NUMBER:  AR20140021384


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 military records to show he was awarded the Purple Heart for a wound received while serving in the Republic of Vietnam (RVN).

2.  The applicant states he was unaware of a bullet in his knee during a fire fight on 4 December 1967.  He thought it was a chipped bone.  He was a platoon leader and convoy commander in the 2nd Transportation Company, 27th Transportation Battalion, 8th Transportation Group from September 1967 through September 1968.  On 4 December 1967, he was ordered to take his gun trucks further up the highway where a convoy had been ambushed.  They arrived at the ambush site and deployed to both sides of the road.  There was enemy fire all over.  The ambush was over about an hour after they arrived.  The original convoy suffered casualties but the applicant's Soldiers were alright.  His jeep driver told the applicant that he had blood all over his right pant leg.  The applicant spit on his hand and wiped himself clean the best he could.  He had a cut on his right knee and felt something under the skin.  He thought maybe he had hit his knee on a rock.  He stopped the bleeding and continued on with the convoy.  He never thought much about the injury during the remaining months he was in the RVN.  He left the RVN in September 1968 and had a physical examination at Fort Lewis, Washington.  He told the medic about his right knee.  The medic felt the object under his skin.  It was 1700 hours and because the 
x-ray technician had already left for the day, the applicant was informed he would have to return the next day.  However, he had a flight in a few hours and asked the medic to just make a note in his medical records about the object being under his skin.  In February 1972, the applicant injured his right knee while playing basketball.  He had a torn cartilage and the x-ray showed a bullet above the kneecap.  In 1975, the applicant visited the local Department of Veterans Affairs (VA).  After telling the VA his story about the knee injury and the bullet in his knee, he was sent for another examination.  He was subsequently granted a 
10 percent disability rating.

3.  The applicant provides copies of:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge (Copy 4) effective 12 September 1968
* Emergency Room Record, Community General Hospital, dated                 15 February 1972
* X-Ray Consultation, Community General Hospital, dated 15 February 1972
* Letter, U.S. Army Reserve Components Personnel and Administration Center, dated 5 December 1973 with DA Form 1577 (Authorization for Issuance of Awards, Certificate and Citation for Bronze Star Medal (No orders provided)
* Letter, the Anderson Orthopaedic Clinic, dated 1 November 2012
* Letter of support from a retired brigadier general, dated 18 March 2014
* Letter, Upstate University Hospital, dated 27 March 2014
* Letter request for medical records for 1971 or 1972, undated
* Convoy Ambush Case Studies, Volume 1, pages 34 to 37

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 5 June 1966, the applicant was commissioned a second lieutenant in the U. S. Army Reserve (USAR).

3.  On 5 December 1966, the applicant was ordered to active duty and enrolled in the Transportation Officer Basic Course.
4.  On 10 August 1967, the applicant departed Fort George G. Meade, Maryland, for duty in the RVN.  He was subsequently assigned for duty as a platoon leader with the 2nd Transportation Company.

5.  On 7 September 1968, the applicant departed the RVN.  He was assigned to Fort Lewis, Washington, to process for release from active duty (REFRAD).

6.  On 12 September 1968, the applicant was REFRAD.  He had attained the rank of first lieutenant, pay grade O-2 and had completed 1 year, 9 months, and 8 days of creditable active duty service.

7.  The applicant's DD Form 214 indicates he was awarded the:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal (VCM)

8.  The applicant's DA Form 66 (Officer Qualification Record) shows:

	a.  in Item 18 (Record of Assignments) - no entry indicating he was ever a patient;

	b.  in Item 21 (Awards and Decorations) - the VSM and the VCM; and

	c.  no entry in any block indicating he was wounded in action.

9.  The applicant’s name is not listed on the Vietnam Casualty Roster.

10.  The applicant’s service medical records were not available for review.

11.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders for the Purple Heart or other awards pertaining to the applicant.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.

12.  The applicant's enclosures show the following:

	a.  The emergency room records dated in February 1972 indicate he had injured his right knee playing basketball.  The x-ray consultation stated that there was no evidence of a recent or old fracture or dislocation.  There was a metallic-like density projected apparently on the soft tissues or in the soft tissues over the distal femur along its anterior aspect.
	b.  The DA Form 1577, certificate and citation indicate the applicant received a Bronze Star Medal for meritorious service while in the RVN.  No orders were provided.

	c.  The letter from the Anderson Orthopaedic Clinic, dated 1 November 2012 states he had a bilateral knee replacement on 26 February 2010.  He also requested that the "bullet he received in Vietnam" be left in his patellofemoral joint.

	d.  The letter of support from a retired brigadier general, dated 18 March 2014, states he was the company commander of the applicant's unit during the period in question.  The author knew about the ambush on 4 December 1967, but did not learn about the applicant receiving a gunshot to his right knee until 
4 December 2013.  It had only recently come to light after an x-ray revealed the bullet.

	e.  The letter from Upstate University, dated 27 March 2014, indicated medical information was enclosed; however, it was not identified.

	f.  The Convoy Ambush Case Studies, Volume 1, pages 34 to 37, fails to make any mention of the 2nd Transportation Company as a participant in the 
4 December 1967 convoy ambush.

13.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his military records should be corrected to show award of the Purple Heart based on an injury or wound he sustained while in the RVN.

2.  The Vietnam Casualty Roster does not contain the applicant's name.  The applicant's DA Form 66 does not indicate he received any wounds while in action or that he had been in a patient status at any time.

3.  The applicant states that at the time he was not sure how he sustained the injury to his right knee, but thought he might have hit his knee on a rock.  The applicant's own statement of events clearly shows he never received medical treatment for this injury or wound.  The metallic object is apparently still in his right knee joint.

4.  The applicant's supporting documents do not provide any direct evidence from witnesses who where there at the time.  There is no available evidence from individuals who could attest to the specific circumstances surrounding how the applicant came to be injured or wounded.  While it is reasonable to presume that the applicant's injury or wound was most likely the result of enemy action, there is no evidence showing that he required or received any medical treatment.  There is no official record of his knee receiving medical treatment as a result of an injury or wound sustained in combat.

5.  In view of the above, there is an insufficient basis for awarding him 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)                                         AR20110020295



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140021384



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1