IN THE CASE OF: BOARD DATE: 23 July 2013 DOCKET NUMBER: AR20130020946 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 by showing he was awarded the Purple Heart for wounds received in the Republic of Vietnam (RVN). 2. The applicant states he suffered wounds while defending Special Forces A-222 camp located at Dong Tre Vietnam from an attack by the 95th Regiment of the North Vietnamese Army. When he was blown from his .50 caliber machine gun bunker he suffered a concussion, traumatic brain injury (TBI), sensory loss of smell, tinnitus, hearing loss, and post-traumatic stress disorder (PTSD). They were under attack for 4 days. A lot of reports, paperwork, awards, and decorations were forwarded to their next higher headquarters in Qui Nhon, Vietnam. The awards and decorations were lost or misplaced. None of his team members heard what happened to the recommendations. 3. The applicant provides copies of: * Volume II, The Green Beret, a publication of the 5th Special Forces Group, dated 1967 (cover and pages 10-11) * General Orders Number 6706, U.S. Army Vietnam, dated 30 December 1967 * Standard Form 600 (Chronological Record of Medical Care) dated December 1966 through 9 December 1969 * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 29 August 1972 to 28 February 1985 * Letter, from a consulting physician at Magan Medical Clinic, Inc, dated 24 January 2000 (4-pages) * Letter of support from a retired lieutenant colonel (LTC), dated 5 July 2008 * Letter from the applicant's neurologist, dated 23 February 2009 * Progress Note, Department of Veterans Affairs (VA) Medical Center, dated 7 March 2009 * Letter of support from applicant's wife, dated 16 December 2009 * Letter of support from a former member of the applicant's military unit in the RVN, dated 5 January 2010 * Letter of support from the applicant's former executive officer in the RVN, dated 12 January 2010 * VA letter to the applicant providing combat-related special compensation information, dated 21 May 2010 * VA letter to the applicant informing him of his service-connected disability compensation, dated 16 August 2013 * Letter from the applicant to his congressman, dated 25 August 2013 * Privacy Act Authorization form from the applicant to his Congressman, dated 29 August 2013 * Letter from the applicant's Congressman to the Chief of Army Legislative Liaison, dated 9 September 2013 * Letter from applicant's physician to whom it may concern, dated 10 September 2013 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 20 November 1963, the applicant enlisted in the Regular Army. He was promoted to staff sergeant, pay grade E-6 on 13 December 1966. 3. On or about 14 April 1967, the applicant was assigned to the RVN. The available records show he was assigned to Detachment A-222, 5th Special Forces Group (Airborne), 1st Special Forces. 4. General Orders Number 6706, United States Army, Vietnam, dated 30 December 1967, announced award of the Bronze Star Medal with "V" Device to the applicant for his heroism in connection with ground operations against a hostile force in the RVN on 7 September 1967. The citation describes the heroic actions taken by the applicant but does not mention any wounds he may have received. 5. On or about 10 April 1968, the applicant departed the RVN. He continued to serve on active duty and was appointed as a second lieutenant on 29 August 1972. He advanced through the ranks to major, pay grade O-4 and was retired due to length of service on 28 February 1985. His retirement DD Form 214 shows his awards as: * Bronze Star Medal with "V" Device * Meritorious Service Medal * Air Medal * Army Commendation Medal (three awards) * Army Achievement Medal * Army Good Conduct Medal (two awards) * National Defense Service Medal * Armed Forces Expeditionary Medal * Vietnam Service Medal with four bronze service stars * Armed Forces Reserve Medal * Noncommissioned Officers Professional Development Ribbon with Numeral 2 * Army Service Ribbon * Overseas Service Ribbon (three awards) * Republic of Vietnam Campaign Medal with 1960 Device * Presidential Unit Citation * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam civil Actions Honor Medal First Class Unit Citation * Combat Infantryman Badge * Parachutist Badge (Master) * Diver's Badge (1st Class) * German Master Parachutist Badge * Greek Master Parachutist Badge 6. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank. 7. The applicant’s name is not listed on the Vietnam Casualty Roster. 8. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the Purple Heart. 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. 9. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force 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. 10. A Standard Form 600, as provided by the applicant, shows four entries dated December 1966, 15 April 1967, 17 July 1968, and 9 December 1968. None of these entries state anything about wounds or injuries received as a result of enemy action. 11. The letter from a consulting physician at Magan Medical Clinic, Inc, dated 24 January 2000 primarily speaks to a loss of consciousness and exhaustion experienced by the applicant on that same day. Within this letter is a comment referring to a head injury he experienced in the RVN in 1967 or 1968 after which he lost his sense of smell. The letter does not offer the source of this information. 12. The letter of support provided by a retired LTC, dated 5 July 2008, states that he had the distinct opportunity to serve and speak with other members of his Special Forces Detachment A-222, who served with the applicant in the RVN. They spoke about his .50 caliber machine gun position being hit by a rocket propelled grenade (RPG) and his being knocked to the ground along with two other crewmembers. He was further informed about the applicant's loss of smell. The author also speaks to the applicant's more than 1200 parachute jumps resulting in numerous knee and ankle injuries and a back injury received while on a training mission in Greece. He makes the comment that because of the field environment, all injuries are not recorded in the service medical record. 13. The letter from the applicant's neurologist dated 23 February 2009 was written to primarily speak to his diagnosis of the applicant as having had seizures versus syncope. In this letter, the neurologist states the applicant said he was blown out of a bunker and was knocked unconscious for an undetermined period of time. The neurologist further stated that such an event may or may not be the cause of a brain injury sufficient to subsequently be associated with focal seizures. 14. The progress note dated 7 March 2009 is primarily concerned with the applicant's seizure disorder. The 1967 episode in the RVN of his being blown out of a bunker and knocked unconscious was repeated in this document. 15. The letter written by the applicant's wife on 16 December 2009 in support of his request states that he told her about his being blown out of a bunker while in the RVN. She relates how the applicant suffered a seizure in 2000 and that it was a result of his experience in the RVN. 16. The letter of support from a former member of the applicant's military unit in the RVN, dated 5 January 2010, states he was assigned with the applicant in the RVN. He recalls that after the applicant and his Vietnamese gunners were knocked from their bunker, they were unconscious for a short time. After regaining consciousness, they straightened out the sandbags, repositioned the ammunition, and weapon and resumed firing at the enemy. The medic had determined the applicant suffered from a concussion. The next day a doctor confirmed the medics diagnosis of a concussion and TBI for the applicant. 17. The applicant's former executive officer states in a letter of support, dated 12 January 2010, that he saw an RPG round hit the applicant's bunker. The medic and the former executive officer ran to the bunker to check on the applicant and his gunners. They were unconscious. Even though they were still under heavy attack, they stayed with them until they regained consciousness. When the applicant regained his senses, he repaired his partially-destroyed bunker and began again the attack on the enemy. Later, when the medic checked on the applicant it was determined that he had suffered a concussion based on the length of his being unconscious and the bleeding from his ears. The next day doctors arrived from our support hospital. The concussion and TBI were confirmed. The former executive officer also contends that later he had handcarried his and other medical reports plus requests for awards to the next higher headquarters. He learned over the years that very few of the medical records and none of the award recommendations were ever processed. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his military records should be corrected by showing he was awarded the Purple Heart for wounds received in the RVN. 2. The applicant states he suffered a concussion, TBI, sensory loss of smell, tinnitus, hearing loss, and PTSD. 3. The applicant's name is not listed on the Vietnam Casualty Roster. 4. The available evidence clearly states that the applicant was knocked unconscious by an enemy RPG and that he had resumed his attack on the enemy when he regained consciousness. However, the evidence does not sufficiently show that he required medical treatment. Furthermore, there is no available record of any medical treatment that may have been rendered to him. 5. The applicant's sincerity is not in question. Unfortunately, without medical records showing he required treatment at the time, his request for award of the Purple Heart should be denied. 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) AR20130020946 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130020946 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1