BOARD DATE:	  29 October 2015

		DOCKET NUMBER:  AR20150004873 


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:

	a.  In February 1969, his unit was assigned to the "Iron Triangle" area within the Republic of Vietnam.  His company was on a reconnaissance patrol because of reported enemy activity in the area.  

   b.  During this period, he was the assigned as the platoon sergeant because he was the senior sergeant/E-5.  The platoon consisted of approximately 16 men and 3 armored personnel carriers (APC).  There should have been 4 APCs but they had lost one to an enemy land mine.  On 9 February 1969, the platoon was on its way to back up another company.  His APC was leading the platoon when it hit an enemy land mine.  There was a terrific explosion.  

	c.  Most of his men were injured and three were medically evacuated by helicopter.  He received a wound to his left elbow and should have been evacuated; however, he did not get on the helicopter because he felt responsible for the platoon.  His platoon was down to half with only 2 remaining APCs and he felt they needed his leadership.  

	d.  He tried to bandage his wound the best he could because they were not assigned medical personnel at the time.  Within days, his wound became infected.  They were too busy for him to seek medical attention for many weeks.  Finally, in April, he became very ill.  His wound had become severely infected and he was transported to base camp.  He ended up in a field hospital where he was hospitalized for approximately two weeks.  

	e.  He wrongly assumed that the proper forms for the Purple Heart were completed; however, because of their unique situation, the forms were not completed.  When he returned to the U.S., he assumed it was too late to pursue the issue.  He is requesting that the award be considered at this time.  He was able to contact Mr. Reynolds and Mr. Martin, who were wounded in the same incident.  They have provided statements verifying the incident and his wound.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and two third-party statements of support.

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 was inducted into the Army of the United States on 
14 November 1967.  He was awarded military occupational specialty 11B (Light Weapons Infantryman) upon completion of his initial entry training.  

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 28 April 1968 to 27 April 1969.  Item 40 (Wounds) of his DA Form 20 is blank and item 41 (Awards and Decorations) does not indicate he was previously awarded the Purple Heart.

4.  There is no evidence in his military records that indicates he was treated for a combat-related wound.

5.  He was honorably released from active duty on 19 September 1969.  His DD Form 214 does not show the Purple Heart as an authorized award.

6.  A review of the Adjutant General's Office Casualty Division's Vietnam Casualty Roster does not show the applicant's name as a combat casualty.

7.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for the Purple Heart pertaining to the applicant.

8.  He provides two third-party statements, authored by Mr. Reynolds and Mr. Martin, indicating they were members of the applicant's platoon at the time of the incident and they witnessed the incident in which the applicant sustained the combat wound.  They also expressed their strong belief that the applicant earned the Purple Heart.  

9.  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 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's DA Form 20 contains no entries indicating he was wounded in action and there is no evidence in his military records that indicates he was treated for a combat-related wound.  His name is not listed on the Vietnam casualty roster.  The governing regulation requires that substantiating evidence must be provided to verify the injury was the result of hostile action and the injury required treatment by medical personnel.  There is no such evidence in the applicant's military records.

2.  The applicant's contentions and the supporting documentation he submitted were carefully reviewed and considered; however, based on the lack of evidence in his military records that shows he was wounded as a result of hostile action, that he received medical treatment for such injuries, and that his treatment was made a matter of official record, there is insufficient evidence available to support award of the Purple Heart 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)                                         AR20150004873



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ABCMR Record of Proceedings (cont)                                         AR20150004873



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