IN THE CASE OF: BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160004619 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: 19 December 2017 DOCKET NUMBER: AR20160004619 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: 19 December 2017 DOCKET NUMBER: AR20160004619 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 he was awarded the Purple Heart (PH) for wounds he sustained on 17 June 1967. 2. The applicant states: a. The record of his incident was not recorded and was lost on the battlefield on 17 June 1967. Although his wounds were not major, he did receive shrapnel wounds to his hand and deep burns from enemy mortar rounds and rocket-propelled grenades (RPGs). b. While he was rescuing the severely wounded and the dead from the battlefield, he refused immediate attention for his wounds to save the lives of those Soldiers needing more assistance. After his unit was evacuated, he was attended to by his platoon medic, which is attested to by his company commander. c. He, along with his platoon leader and the machine gunner, have provided signed letters stating they were aware of his wounds, which were incurred during that period of action. d. Some years ago, he noticed that his Silver Star (SS) and his PH were not listed on his DD Form 214. Therefore, he had to provide copies of his orders in order to get the awards added. Fortunately, he still had his SS order, but did not have his order for the PH. 3. The applicant provides three letters of support for his request for the PH. 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. On 16 February 1966, the applicant was inducted into the Army of the United States. After initial training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman.) 3. The applicant’s DA Form 20 (Enlisted Qualification Record) shows: a. Item 31 (Foreign Service) – he served in the U.S. Army Pacific (USARPAC) – Vietnam from 8 August 1966 through 3 August 1967. b. Item 38 (Record of Assignments) – he was assigned to Company A, 1st Battalion, 16th Infantry Division, from 28 August 1966 to 30 June 1967. c. Item 40 (Wounds) – no wounds were listed. d. Item 41 (Awards and Decorations) – no entry for the PH. 4. On 15 February 1968, the applicant was honorably released from active duty service. His DD Form 214 does not show the PH. 5. The applicant provides the following supporting documentation: a. A letter from a colonel (COL) (retired), dated 23 November 2015, who states he commanded A Company, 1st Battalion, 16th Infantry, 1st Infantry Division, from November 1966 to July 1967. During that time, the applicant was assigned to the 3rd platoon and spent most of the time as the platoon leader’s Radio Telephone Operator. On 17 June 1967, during Operation Billings in the Republic of South Vietnam, A Company led the 1st Battalion, 16th Infantry Division on a land approach to a landing zone. Although their approach to the landing zone was unopposed, their unit was attacked by the 271th Viet Cong Regiment, and A Company bore the brunt of that ground assault. Sixteen Soldiers were killed and over 50 were wounded. The applicant was directed to assume responsibility for the leadership of the 3rd platoon. He was to insure that ammunition was brought forward while he evacuated the wounded from the front line positions. During this period of combat, the applicant was struck several times by shell fragments from exploding enemy mortar rounds and RPGs. He was wounded in the hand and had several burn marks on the trunk of his body from the hot mortar shell fragments. Although he was treated by medics who were organic to the company, he refused evacuation and returned to his duties. Because of his refusal, his wounds were never recorded. The former commander strongly recommends the applicant be retroactively awarded the PH for wounds he received during the battle, which occurred on 17 June 1967. For his actions that day, the applicant was awarded the SS. b. A letter from a lieutenant colonel (LTC) (retired), dated 13 October 2015, who states on 17 June 1967, the applicant was deployed on a search and destroy mission as part of Operation Billings. While preparing defensive positions, they were ambushed by a Viet Cong Regiment; they were overran, killing and wounding most the company. The applicant took charge of the remaining platoon members and reclaimed the perimeter. At the time the retiree was serving as the executive officer of A Company. After the evacuation, the applicant did not return to the base camp until 19 August 1967, when he debriefed the executive officer on the battle. It was only at that time did he notice that the applicant’s hand was bandaged. He told him that shrapnel had hit him from enemy mortars and RPGs. He asked him why he did not go out of the field in the medical evacuation. He responded that too many Soldiers were already dead and wounded, and he felt that it was his responsibility to account for his Soldiers who were still on the battlefield. The retiree thought that the applicant’s wounds would have been recorded through the battalion physician, so he never discussed the PH, but now he feels he made a mistake. He believes the applicant is entitled to the PH for the injuries he sustained in combat. c. A letter from a fellow Soldier who was a member of 2nd platoon, Company A, 1st Infantry Division, 16th Infantry Division, dated 28 August 2015, who states, on 17 June 1967, the battle lasted for about 6 hours, with many wounded or killed; many acts of valor and bravery were displayed by those in the unit that day. After the battle ended, a team of medics led by an officer began addressing the wounded. The fellow Soldier saw a medical lieutenant attempting to apply dressings on wounds to the shirtless applicant. He states that there appeared to be bloody wounds on the applicant’s hands and burns on his back, although he refused to be attended to so he could resume his frantic efforts to retrieve the more seriously wounded and the dead from the battlefield. 6. A letter dated 23 March 2016 from the U.S. Army Human Resources Command (HRC) to the applicant states: Based upon review of the documentation submitted and a thorough review of your Army Military Human Resource Record, we are still unable to verify your entitlement to the Purple Heart. We also reviewed the Army Casualties Rosters for Vietnam, and were unable to locate a casualty report under your name for any listed injury. Wounds received must have required treatment immediately after or close to the event and been made a matter of official record. 7. During to processing of this case, an advisory opinion was obtained from the Army Review Board Agency, Staff Psychologist. However, the advisory opinion is not germane to the applicant’s issue of whether or not he is entitled to a PH for alleged wounds he received to his hands and torso in Vietnam. 8. The applicant was provided a copy of the advisory opinion for an opportunity to respond. On 10 July 2017, he responded by attaching a copy of his SS general orders including his citation. Within the citation there is no reference to him being wounded in action on 17 June 1967 although he and his unit were under a heavy barrage of enemy fire. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the PH is awarded for a wound sustained while 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 military medical personnel, and the medical treatment must have been made a matter of official record. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant contends that on 17 June 1967, he sustained injuries to his hand and torso in the Republic of Vietnam, and should receive the PH. 2. The applicant did not provide any medical documentation substantiating that he was wounded or treated for wounds as a result of hostile action to support his request for the PH. 3. Although the applicant provides three letters of support, there are no orders in the applicant's service personnel record showing he was awarded the PH, nor is there evidence in his record that shows he was wounded or treated for wounds as a result of hostile action. 4. HRC denied his request for the PH since they were unable to verify his wounds in the Army casualty rosters for Vietnam or locate a casualty report under his name for any listed injury. 5. The applicant provided a copy of his SS Citation. There is nothing in the citation that shows he was wounded in action. 6. The applicant provides statements from his former company commander, the former company executive officer, and a fellow Soldier who state the applicant was wounded, but refused medical treatment to return to his duties. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004619 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004619 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2