BOARD DATE: 20 April 2017 DOCKET NUMBER: AR20150017778 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 BOARD DATE: 20 April 2017 DOCKET NUMBER: AR20150017778 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. BOARD DATE: 20 April 2017 DOCKET NUMBER: AR20150017778 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. He states he was wounded in the left arm during a battle with the Viet Cong (VC) on 1 February 1968 in the Republic of Vietnam (RVN). He explains: a. On 31 January 1968, VC forces launched heavy attacks against military installations in and around Saigon. The 593d Signal Company housed all operators and communication personnel for the largest long-distance communications network in the country. He adds he worked at the 69th Signal Battalion as an operator for several months and later as a troop transport driver. b. Due to a shortage of weapons, at the beginning of the attack he and several other Soldiers were placed in an empty room inside of the compound. He decided if he was going to die, he would do so fighting. He left the room, found an M-14 rifle and ammunition, and started up a stairwell that led to the rooftop where most of the fighting was taking place. Prior to reaching the roof, a VC round hit the wall and hit him on his left wrist, which started to bleed. When he reached the roof, he took his t-shirt off and tied it around his wrist. c. He stayed on the roof for over 12 hours until the fighting stopped. By that time, his wound had stopped bleeding. He states there were no medics assigned to his unit and he did not seek medical attention because it did not need any medical assistance. He adds he had 14 days left in country and he was not going to do anything to jeopardize his departure from the RVN. d. The applicant maintains there were two Soldiers who witnessed his wounding. He states he had all the information on these individuals as well as pictures and other names and addresses of other witnesses, but everything was stolen. 3. He provides: * self-authored statement * numerous photographs * Stars and Stripes article titled “VC Hit Saigon," dated 1 February 1968 * Texas Driver License 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 trained in and awarded military occupational specialty 72C (Central Office Switchboard Operator). 3. His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 21 February 1967 to 15 February 1968. Item 40 (Wounds) of this form does not contain an entry. 4. There is no documentation in the available record showing he sustained wounds or he was treated for wounds incurred as a result of hostile action. Additionally, his name does not appear on the Vietnam casualty roster. 5. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders for the PH pertaining to the applicant. 6. He was honorably released from active duty on 4 March 1969. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 215 (Correction to DD Form 214) do not show award of the PH. REFERENCES: 1. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the PH was awarded to any member of the Armed Forces of the United States who was wounded in action against an armed enemy of the United States or as a direct result of an act of such enemy provided the wound necessitated treatment by a medical officer. For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy. 2. Army Regulation 600-8-22 (Military Awards), currently in effect, states the PH 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: 1. The available records contain no evidence showing the applicant was wounded or treated for wounds sustained as a result of hostile action during his service in the RVN. 2. Army Regulation 600-8-22 specifically states that each approved award of the PH requires that the wounds sustained were the result of hostile enemy action, the wound must have required treatment by a medical officer, and the treatment of the wound must be documented in the member’s medical record. There is no evidence showing he met any of the aforementioned requirements for award of the PH. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017778 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017778 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2