IN THE CASE OF: BOARD DATE: 10 March 2016 DOCKET NUMBER: AR20150008912 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 wounded in Vietnam on 11 January 1968 while serving with L Troop, 3rd Squadron, 11th Armored Cavalry Regiment (ACR), 9th Infantry Division. He received the Bronze Star Medal with "V" Device for his heroic actions that day. His wounds were treated by the platoon medic. 3. The applicant provides: * General Orders (GO) Number 3479 awarding him the Silver Star (26 March 1968) * GO Number 1786 awarding him the Bronze Star Medal with "V" Device (11 January 1968) * GO Number 60 awarding him the Bronze Star Medal with "V" Device (1 February 1968) * GO Number 3982 awarding him the Bronze Star Medal with "V" Device (20 March 1968) * statement of shrapnel wounds * recent hospital reports 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 appointed as a Reserve commissioned officer of the Army on 28 May 1966. He entered active duty on 24 September 1966 and he held an armor specialty. 3. He served in Vietnam from 29 July 1967 to 25 July 1968. He was assigned to L Troop, 3rd Squadron, 11th ACR. 4. He was honorably released from active duty on 30 July 1968. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with Device (1960) * Bronze Star Medal with "V" Device (2nd Oak Leaf Cluster) * Silver Star 5. Concerning his awards of the Bronze Star Medal: a. GO Number 60, issued by Headquarters, 101st Airborne Division, on 14 February 1968, awarded him the Bronze Star Medal with "V" Device for heroism on 1 February 1968. The citation does not show he was wounded. It shows: * he continued to secure a narrow street while receiving heavy enemy fire from houses that stood above his vehicle * as the heat and smoke became overpowering, he remained in contact with the enemy despite the danger involved to his elements and he provided a base of fire to assist the extracting of the wounded * with complete disregard to the danger, he managed to completely extract the dismounted elements and continue to engage the enemy b. GO Number 1786, issued by Headquarters, 9th Infantry Division, on 29 March 1968 awarded him the Bronze Star Medal with "V" Device for heroism on 11 January 1968. The citation does not show he was wounded. It shows: * one vehicle was struck by two antitank rounds demolishing both vehicles * disregarding a heavy rain of rockets and small arms fire, he remained in a fully exposed position until the enemy had been routed into the depth of the jungle c. GO Number 3982, issued by Headquarters, 9th Infantry Division, on 31 May 1968 awarded him the Bronze Star Medal with "V" Device for heroism on 20 March 1968. The citation does not show he was wounded. It shows: * after directing an effective mechanized assault on the hostile positions, he accurately adjusted air strikes and artillery fire and then led a second assault * his courageous actions and inspiring leadership enabled the friendly forces to defeat the numerically superior insurgents inflicting heavy death tolls among them 6. GO Number 3479, issued by Headquarters, 9th Infantry Division, on 16 May 1968, awarded him the Silver Star for gallantry in action on 28 March 1968. The citation shows: * despite intense rocket, automatic weapons, and small arms fire, he assumed a fully exposed position on his vehicle forcing the enemy to retreat * one of the vehicles in his platoon received a direct hit, inflicting severe wounds to several crewmembers * he maneuvered his armored cavalry assault vehicle alongside the disabled vehicle, providing suppressive fire for the casualties * despite painful burns received from the many brush fires in the area of contact, he dismounted the vehicle and began a search of the area of remaining enemy strongholds 7. The Republic of Vietnam awarded him, and Headquarters, 25th Infantry Division, authorized him to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star (Regimental Level Citation). 8. Nothing in several typical sources shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: * his records do not contain general orders authorizing him award of the Purple Heart * his name is not shown on the Vietnam casualty listing * his DA Form 66 (Officer Qualification Record) does not mention a combat wound or award of the Purple Heart * review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to him * his medical records are not available for review with this case * his records do not contain an official Army notification or a Western Union telegram notifying his next of kin of an injury 9. He provides: a. Self-authored statement wherein he states that on 11 January 1968, he was awarded the Bronze Star Medal for heroism during Operation Fargo in the vicinity of Loc Ninh. On that day, as platoon leader, he directed his assault vehicles into position to support a Vietnamese infantry platoon that was under intense hostile fire. The first vehicle to swing into line was struck by two anti-tank rounds, demolishing both machine guns and incinerating the vehicle. He commanded his vehicle in line next to the burning vehicle and in a fully exposed position. He also tended to the wounded. During this time, there was continuing heavy rain of enemy rocket and small arms fire. He received shrapnel wounds to his arm and face, which were later treated by the platoon medic. The wounds were not severe enough to evacuate him. He continued to lead his platoon through several successive enemy encounters. b. A medical document, dated 10 July 2012, that shows he was admitted to Diagnostic Imaging Services for a view of the right arm due to a foreign body. The report mentions four subtle metallic foreign bodies in the soft tissue 10. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: There is insufficient evidence to support awarding the applicant the Purple Heart. a. The criteria for the Purple Heart require the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record. b. The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat. His name is not listed on the Vietnam casualty listing. His medical records are not available for review with this case. There is nothing in multiple typical sources that confirm he was wounded as a result of hostile action or that he required treatment by medical personnel. c. The multiple valor awards he received describe his actions and/or heroism in detail but nothing is mentioned about him being wounded as a result of hostile action. While the 2012 report from Diagnostic Imaging Services reveals the presence of a foreign body, there is no evidence to show what this foreign body is, how long it has been in his arm, and what caused it. d. The applicant's contentions, sincerity, and most importantly, his integrity are not in question. However, in the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidentiary 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 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) AR20150008912 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008912 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1