IN THE CASE OF: BOARD DATE: 8 December 2015 DOCKET NUMBER: AR20150005055 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: * he was injured during an attack on their compound in Phú Lâm, Vietnam, during the Tet Counteroffensive on 8 February 1968 * he was sleeping in his bunker when the Viet Cong started lobbing mortars in the compound * a mortar went off on the front wall of a bunker about 20 feet from him just as he exited his barracks door * a piece of shrapnel went through his pant leg and made an inch-long wound on his left shin, but it did not remain embedded in his leg * his leg wound was not considered serious enough to be given extended attention due to the confusion and the medics trying to treat the more seriously wounded under dangerous conditions * a dressing was applied and he was sent back to the firing line * the thought that he was eligible for award of the Purple Heart did not occur to him until his son questioned why he had not received one * he received copies of his service medical records and there is no mention of the wound he received during the attack or anything happening to him during his first term of service in the Army * he was seen several times at the troop medical clinic at Phú Lâm for tonsillitis, shots, sprained ankle, etc., but none of that information is in the records he received from the National Personnel Records Center * he does not have statements from individuals who may be able to corroborate his claim since he has not maintained contact with anyone from that period of his military service * if anyone had witnessed the incident involving his leg, he would not know how to identify or find that person due to the pure bedlam with everyone trying to react to the attack and people scurrying everywhere * he has pictures of the damage done during the attack which includes the bunker that was hit by the mortar that caused his wound * he also has articles from books and websites that verify Phú Lâm Signal Battalion was attacked by mortars on Tet and that there were many wounded as a result 3. The applicant provides: * self-authored statement * 13 photographs * Internet article from a report titled, "The TET Offensive: Its Impact on the 1st Signal Brigade" * Phú Lâm Signal Battalion Key Events chronological listing * Phú Lâm Signal Battalion personnel roster excerpts 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 30 November 1966. 3. He served in Vietnam during the period 22 June 1967 through 3 November 1969. While in Vietnam, he was assigned to: * U.S. Army Strategic Communications Command Facility, Phú Lâm, from 24 June 1967 through 3 November 1969 * Headquarters and Headquarters Company, 369th Signal Battalion, from18 December 1969 through 10 April 1970 * Company A, 369th Signal Battalion, from 11 April 1970 through 15 December 1970 4. He retired on 31 July 1992 after completing 23 years, 11 months, and 26 days of active duty service. 5. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in: * item 8 (Wounds) – no wounds or injuries * item 35 (Record of Assignments) – no evidence he was ever in a patient status 6. His medical records are not available for review. 7. His name is not shown the Vietnam casualty roster, a listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Vietnam and indicating whether the condition was battle or non-battle related. 8. He provided a self-authored statement describing the attack on the Phú Lâm facility on 8 February 1968 and how he incurred his wound and how it was treated. He stated his records are void of any information regarding his injury or any other treatment he received while he was in Vietnam. 9. He provided photographs identified as his leg wound and damaged areas from the mortar attack. He also provided: * a chronological listing of events impacting the Phú Lâm Signal Battalion that shows an enemy attack occurred 8 February 1968 and 15 people were injured * an Internet article from a report titled, "The TET Offensive: Its Impact on the 1st Signal Battalion" that described the impact of the Tet Offensive and enemy attacks on the Phú Lâm facility in February 1968 * an extract of a roster identified as Soldiers assigned to Phú Lâm Signal Battalion and the years relating to their assignments 10. 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 the wound was the result of hostile action, the wound must have required treatment by military medical personnel, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. Award of the Purple Heart requires evidence to verify: * the wound was the result of hostile action * treatment of the wound by medical personnel * documentation of the wound in official records 2. There are no available medical records showing he was injured as a result of hostile action in Vietnam in February 1968. 3. His personal statement, as well as the photographs, Phú Lâm chronology, Internet article, and personnel roster extract, are an insufficient basis for awarding him the Purple Heart. Award of the Purple Heart requires substantiating evidence verifying the wound was the result of hostile action, that it required treatment by medical personnel, and that the medical treatment was made a matter of official record. 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 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) AR20150005055 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005055 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1