IN THE CASE OF: BOARD DATE: 22 May 2008 DOCKET NUMBER: AR20080000677 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 that he was wounded on 27 March 1968 when a rocket-propelled grenade (RPG) exploded next to him, causing his ears and nose to bleed and causing him to become momentarily blinded. His ears continued to bleed for the next few days. He was treated by a Vietnamese doctor at the water point. 3. The applicant provides his Bronze Star Medal with “V” device orders; a letter of support from a fellow Soldier, dated 6 November 2003; and a letter of support, dated 20 November 2003, from another fellow Soldier with that Soldier’s Bronze Star Medal with “V” device orders. 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. After having had prior service in the U. S. Marine Corps Reserve, the applicant enlisted in the Regular Army on 30 December 1958. 3. On 22 February 1968, the applicant was assigned to Troop D, 7th Squadron, 1st Air Cavalry in Vietnam as a platoon sergeant. 4. The applicant was awarded the Bronze Star Medal with “V” device for heroism on 27 March 1968. The award citation reads in part, “Although momentarily blinded by the flash of an enemy round exploding….” 5. The applicant provided a supporting statement from the individual who was the platoon radio operator at the time. This individual stated that an RPG struck their position, causing the applicant to lose his sight and hearing. 6. The applicant provided a supporting statement from a former platoon team leader at the time and that individual’s Bronze Star Medal with “V” device orders. That individual stated that on the night in question a round from an RPG struck within feet of the applicant. The concussion knocked him off his feet and stunned him. He was unable to hear for a time, and the effects of the concussion stayed with the applicant for quite a period of time. This individual’s award citation noted in part, “…The platoon sergeant (i.e., the applicant) became momentarily disabled from an anti-tank round striking a few feet from him….” 7. The applicant departed Vietnam in March 1969. 8. The applicant retired on 31 October 1984 in the rank of Command Sergeant Major. 9. The applicant’s name is not listed on the Vietnam Casualty Roster. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show he was wounded. 10. The applicant’s service medical records are not available. 11. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart 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 a medical officer, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. The applicant provided a supporting statement from a former platoon team leader who stated the concussion from the exploding RPG knocked the applicant off his feet, stunned him and affected his hearing, and the effects of the concussion stayed with the applicant for quite a period of time. This statement, combined with the applicant’s contention that his ears and nose bled and his ears continued to bleed for the next few days, might be sufficient evidence to verify he received physical wounds. 2. However, although the applicant states he was treated by a Vietnamese doctor, there is no available evidence to confirm that those wounds were treated. His name is not on the Vietnam Casualty Roster, his DA Form 20 did not show he was wounded, and his service medical records are not available. Regrettably, without evidence to show that he was treated for those wounds there is insufficient evidence to verify that he met the criteria for award of the Purple Heart. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___xx___ ___xx___ ___xx___ 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. _ ______xxx ____________ 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) AR20080000677 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080000677 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1