BOARD DATE: 16 February 2016 DOCKET NUMBER: AR20150008282 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) for the period ending 31 May 1969 to show the Purple Heart. 2. The applicant states: a. On 26 October 1968, he was a platoon leader with Company D, 1st Battalion, 12th Infantry Regiment , 4th Infantry Division, in the Republic of Vietnam. On the evening of 25 October 1968, based on intelligence reports, they received the mission to cordon the village that was in a rubber tree plantation near Ban Me Thuot. b. Company D departed the patrol base at four in the morning on 26 October enroute to the village. Cordon of the village was completed just at the crack of dawn. Dogs in the village alerted the village of their presence and a gun battle began. Due to the long and narrow configuration of the village, they could not call in artillery but, based on trajectory, they were able to utilize mortars from battalion support. c. During the firefight, the fire direction control from the mortar battery called over the radio and informed them that he had a "long round" coming and for his section to pull back immediately. He alerted his section and they immediately started running. The mortar round exploded right behind them. He and another Soldier from his platoon were picked up and thrown through the air. He landed 30 feet away flat on his back. The other Soldier was severely wounded with shrapnel and was medically evacuated. d. After suffering with lower back pain for years, he sought medical care at the Miami Department of Veterans Affairs (VA). Magnetic resonance imaging (MRI) of his lower back was done. It showed that his spine was severely out of line at L5-S1. The neurosurgeon at the Miami VA asked if he had ever been in an explosion and he answered "yes." He then told him that the type of injury he had was common to individuals that had been injured in near explosions. His doctor also performed a transforaminal lumbar fusion with 2 rods, 4 screws, and an implant. The MRI and all medical records relating to this injury and surgery are in his medical records at the Miami VA. e. In late November/early December, he was reassigned to Company C. On 11 January 1969, he assumed command of the company. At one time around mid-February/March time frame, it was Company C's turn to provide security for the battalion's tactical operations center. They moved to a mountain top called Landing Zone Mile High and set up a perimeter and prepared to receive the battalion headquarters element. Word was that this location had been overrun three times. f. Whatever the case, the enemy had the hill top zeroed in with artillery, rockets, and mortars. One morning, they started hitting them pretty heavily. His position started receiving fire with 122-millimeter rockets. The first round hit in front of their position and the second behind so he told his guys to move out because the next one would be on top of them. The next round hit as they were exiting and the Soldier in front and the one behind him received shrapnel wounds. When they got to the position to their right, the medic started treating their wounds, at which time he told him that he was wounded as well in the left ear. He put his hand to his ear and came away with blood. The medic wanted to treat his injury and write it up but he told him to take care of the other Soldiers; therefore, a formal report of his injury was not made. 3. The applicant provides seven DD Forms 214, a self-authored letter, and a copy of an envelope postmarked 30 October 1968. 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 12 September 1966. He was discharged on 27 August 1967 to accept a commission. He was appointed a Reserve commissioned officer on 28 August 1967. He entered active duty on the same date. 3. His DA Form 66 (Officer Qualification Record) shows he served in the Republic of Vietnam from 27 July 1968 to 27 May 1969. Item 21 (Awards and Decorations) of his DA Form 66 does not include the Purple Heart as an authorized award. 4. There is no evidence in his military records indicating he was treated for a combat-related wound. 5. He was released from active duty on 31 May 1969. His DD Form 214 for this period of active service does not include the Purple Heart as an authorized award. 6. A review of the Adjutant General's Office Casualty Division's Vietnam Casualty Roster does not show the applicant's name as a combat casualty. 7. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal orders for the Purple Heart pertaining to the applicant. 8. He provides several DD Forms 214, which document several periods of active duty subsequent to his service in Vietnam. These forms do not show the Purple Heart as an authorized award. 9. He also provides a self-authored letter and a copy of an envelope postmarked 30 October 1968. In the letter, which presumably was written while he was serving in Vietnam, he described the combat actions that occurred on 26 October 1968. 10. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: The applicant's DA Form 66 contains no entries indicating he was awarded the Purple Heart and there is no evidence in his military records that indicates he was treated for a combat-related wound. His name is not listed on the Vietnam casualty roster. The governing regulation requires that substantiating evidence must be provided to verify the injury was the result of hostile action and that the injury required treatment by medical personnel. There is no such evidence in his military records. 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) AR20150008282 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008282 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1