IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150012147 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150012147 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. IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150012147 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, in effect, that he be awarded the Purple Heart. 2. The applicant states, in effect, the following: a. He should be awarded the Purple Heart as a result of a rocket attack on his base camp on 23 February 1969, near Tay Ninh City, Republic of Vietnam. b. A tail-fin guided rocket hit directly in the middle of his company formation destroying two trucks and instantly killing three men and wounding others. He was standing about 30 feet from the explosion. The concussion from the blast blew him about 8 to 10 feet in the air. His helmet was blown off his head and he became disoriented. He was covered from head to toe with sand and rocks. He received scrapes, scratches, and bruises. c. He was asked if he needed medical attention but did not respond as he believes he was traumatized. The next day his sergeant said that all men were going to receive the Purple Heart. He believes the paper work was lost. 3. The applicant provides copies of: * his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 January 1971 * an extract of his DD Form 47 (Record of Induction) * a photograph that purports to be him holding a piece of explosive debris * a page from www.virtualwall.org that details the events of 23 February 1969, in which his friend was a casualty of hostile action * an extract of a Department of Veterans Affairs (VA) claim decision document, dated 10 July 2015 * nine pages of documents of pictures, maps, and newspaper articles * nine pages of an archived Stars and Stripes article written on 13 February 1969 * four pages of an unclassified document describing a campaign plan during Vietnam 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 23 January 1968. Seven days later he was discharged on 29 January 1968 and immediately enlisted in the Regular Army on 30 January 1968. He completed his initial entry training and was awarded military occupational specialty (MOS) 44C (Welder). The highest rank/grade he attained during his period of military service was specialist five (SP5)/E-5. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service), he served in the Republic of Vietnam from 26 January 1969 through 23 January 1970 * item 40 (Wounds), no entry indicating he was wounded as a result of hostile action * item 41 (Awards and Decorations), no entry indicating he was awarded the Purple Heart 4. His available records do not contain orders for the Purple Heart, nor do they contain any documentation that indicates he was treated for wounds of injuries he sustained during his service in the Republic of Vietnam. 5. He was honorably released from active duty and transferred to the U.S. Army Reserve on 29 January 1971. His DD Form 214 does not indicate he was awarded the Purple Heart. 6. A review of the Vietnam casualty roster, compiled by The Adjutant General's Office, Casualty Division, does not list the applicant's name as a casualty. 7. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 any orders for the Purple Heart pertaining to the applicant. 8. The applicant provides: a. An internet document confirming the death of a fellow Soldier on 23 February 1969, and affirming the rocket attack on his unit. b. A VA claim decision document, dated 10 July 2015, that awarded him a 50 percent disability rating for his evaluation of post-traumatic stress disorder (PTSD) and 10 percent disability rating for his evaluation of bilateral tinnitus. c. Two newspaper articles, photographs, and maps of areas in the Republic of Vietnam, discussing combat actions that occurred in and around the time of his unit's attack and his service in the Republic of Vietnam. d. Four pages of a campaign plan describing the enemy's offensive efforts that included the time frame of the rocket attack on his company. REFERENCES: 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 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: 1. There are no documents in the applicant's available record that show he was recommended for or awarded the Purple Heart. 2. He contends he should be awarded the Purple Heart; however, neither his available record nor the Vietnam casualty roster provide any official evidence that shows he was wounded during his period of service in the Republic of Vietnam. 3. There is no evidence in the available Army records that shows he received any wounds as a result of hostile action which required treatment by medical personnel or that the resulting medical treatment was made a matter of official record. 4. None of the provided evidence mentions the applicant or details any wounds he received in combat as a result of enemy actions. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012147 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012147 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2