IN THE CASE OF: BOARD DATE: 11 February 2016 DOCKET NUMBER: AR20150002770 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Silver Star * Purple Heart 2. The applicant states: a.  He was awarded the Silver Star for gallantry in Vietnam. His brigade commander pinned the medal on him on 22 May 1969. However, he never received the official medal and it is not listed on his DD Form 214. b.  The people who recommended his award of the Silver Star were busted shortly afterward so they were probably not available for questions that would have come up. With regard to the Purple Heart, the medic who wrote it up was wounded and he was returned to the United States shortly afterward and may not have followed up on the recommendation. c.  He was awarded the Purple Heart for shrapnel injuries sustained in the back of his head while serving in combat in Vietnam. The Purple Heart was submitted by a medic, R____ B____, on 15 May 1969. d.  He was asked by the American Red Cross if he wanted his next-of-kin notified of his wounds and he indicated "no" on a card, but his next-of-kin was notified so there must be a record of the American Red Cross card. e.  He tried to get his awards before and all he ran into was confusion and he received the run-around. He needs the awards for his medical records and application for veterans' benefits. f.  He had a particularly rough tour and his company was reduced from 88 Soldiers to 33 on 14 May 1969 after a 3-day battle. He lost 17 friends and the rest were wounded in action and out of commission. He has had post-traumatic stress disorder since then and he now regards these medals important to his life. 3. The applicant provides: * self-authored letter, dated 24 December 2014 * Congressional correspondence * DD Form 214 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 24 May 1968. 3. He served in Vietnam during the period 17 October 1968 through on or about 12 October 1969. While serving in Vietnam, he was assigned, in part, to: * Company B, 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade, from 2 November 1968 to 24 January 1969 * Company A, 1st Battalion, 46th Infantry Regiment, 198th Infantry Brigade, from 25 January 1969 to on or about 12 October 1969 4. His DA Form 20 (Enlisted Qualification Record) shows in: * item 40 (Wounds) – no entries * item 41 (Awards and Decorations) – no award of the Silver Star or Purple Heart 5. On 22 May 1970, he was honorably released from active duty. His DD Form 214 does not show award of the Silver Star or Purple Heart. 6. He provided a self-authored letter, dated 24 December 2014, wherein he stated: a.  On 12 May 1969, his unit was engaged with the enemy and a rocket-propelled grenade exploded on a tree 20 feet behind him. He was knocked on his face and his helmet had a rather large crease down the middle from shrapnel. The back of his head was hurting and itching 3 days later so he sought treatment from a medic. The medic pulled a few small pieces of shrapnel out of the back of his head, cleaned the piercings, and released him back to the field. Over the next several years, little pieces of shrapnel worked their way to the surface of his head and he would just pull them out. He has no proof that this happened other than the American Red Cross card he completed. b.  On 13 May 1969, he was wounded again when he was trying to protect a helicopter. He was directing the pilot to take off when an enemy machine gun began firing on the helicopter. The pilot, a gunner, and three others were killed and he incurred bullet or chopper fragment cuts on his face with bleeding. He never saw a medic because the medic was really busy with the five other Soldiers killed and 18 others severely wounded. c.  On 19 June 1969, he was struck by lightning during a severe storm. He was rendered unconscious for 5 minutes or so and it took several hours for him to regain his faculties. He was going to be medically evacuated; however, he refused, the storm was too strong, and it would have given away their position. d.  He was the captain's radio operator and he was with him every inch of the way. The captain was awarded the Medal of Honor for his actions during the period 12-14 May 1969. The Americal Division Commander pinned the Silver Star on him and pictures were taken; however, there is no mention of the Silver Star on his DD Form 214. Every senior official involved in the flap caused by his company being killed was busted by the end of June 1969. A lot of the paperwork fell between chairs or just was not handled as a result. He tried to obtain the medals12 years ago, but he ran into so much red tape that he gave up. 7. He also provided an extract of an after action report for the 1st Battalion, 46th Infantry Regiment, showing he was struck by lightning on 19 June 1969 and his company was engaged with the enemy with unknown results. 8. 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. 9. Item 39 (Identifying Body Marks, Scars, Tattoos) of his Standard Form 88 (Report of Medical Examination), dated 13 April 1970, shows he was rated "Normal" and no identifying body marks, scars, or tattoos were noted. 10. Item 20 (Have You Ever Had or Have You Now) of his Standard Form 89 (Report of Medical History), dated 13 April 1970, shows the applicant marked "Yes" for "Frequent or Severe Headache." Item 39 (Physician's Summary and Elaboration of All Pertinent Data) shows the entry "history of head injury – RVN [Republic of Vietnam] shrapnel OK" in response to this entry. 11. His complete medical records are not available and he failed to provide medical evidence showing he was injured as a result of hostile action in Vietnam. 12. The U.S. Army Human Resources Command Awards and Decorations Branch verified the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by this office, failed to reveal any orders pertaining to the to the applicant for award of the Silver Star or Purple Heart. 13. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states: a.  The Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b.  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. Although his Standard Form 89 shows he reported having frequent or severe headaches due to a head injury (shrapnel) he incurred while serving in Vietnam, there are no available medical records showing any treatment for his head injury or that his head injury was the result of enemy action in Vietnam. 3. His personal statement and the extract of the after action report are an insufficient basis for awarding him the Purple Heart. Lightning strikes are an act of nature. 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. 4. Although he stated his brigade commander – and later stated the division commander – pinned the Silver Star medal on him and photographs were taken, his records are void of and he failed to provide any evidence showing he was awarded or recommended for award of the Silver Star. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 5. In view of the aforementioned evidence, there is an insufficient basis for granting the requested relief. 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) AR20150002770 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150002770 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1