IN THE CASE OF: BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160004845 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: AR20160004845 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: AR20160004845 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. The applicant states: a. He was told he earned the Purple Heart when a poisoned punji stick went through his leg in Vietnam in 1967. He recalls they were flown by helicopter to protect an artillery fire base on a hilltop and once they arrived and the fox holes were dug, he along with two squads were sent out on a patrol about 2 miles away from the base. When searching the area, he stepped into a poisoned punji stick booby trap. One of the punji sticks went through his left leg below the knee. The sergeant in charge said he would receive a Purple Heart for the wound. b. The sergeant then had two Soldiers take him back to the artillery fire base. The medic bandaged the wound and wanted him to go to the large base and hospital. He refused to go and told him he wanted to stay in the field with his platoon and friends. His leg was painful and a baseball-sized mass would grow on his leg at the location of the wound on a regular basis. Each time this occurred, an Army doctor would helicopter out to the field and cut the growth off, treat it with antibiotics, and bandage the leg. c. He was also hit in the face, shoulder, and hand by enemy rocket shrapnel and treated in the field by the medic. He is not requesting a Purple Heart for those wounds. d. He applied for a Purple Heart numerous times over the past several years. He provided all the information that was available to him pertaining to his request. The log of the doctor flying out to treat his leg was not registered by his company clerk because he refused to take the medical evacuation out of the field and stayed with his troops in the battle zone even though his leg was excruciatingly painful. He believes the records of his treatment would be with the medical group that supported his unit. e. He did not receive any medals or recognition for the battle written about by the Associated Press (which he attached) and he is not requesting anything for that battle. He was 19 years old and all the ranking Soldiers above him were wounded or killed. He was told on the battlefield and during the battle that he was now a sergeant. f. He enclosed a certified, notarized statement from Staff Sergeant L____ R____ who was awarded the Silver Star. As this is his last chance for an appeal, he requests consideration of his enclosed information as it is actual and truthful. It is unfortunate that not all of the records are available 50 years later. g. He didn't follow up on the award at the time and soon after he was wounded, the sergeant in charge was killed, thus he never pursued it. He is now interested in the award for his history to his children as he gets his estate planning in order. 3. The applicant provides: * DA Form 20 (Enlisted Qualification Record) * Certificate of Training, dated 1 August 1967 * International Certificate of Vaccination * photograph, presumably of himself * undated newspaper article titled, "Bristol GI Ends up as Commander," from unknown source * undated newspaper article titled, "Bristol Man Involved in Heavy Viet Fight," from unknown source * DD Form 214 (Certificate of Release or Discharge from Active Duty) with the through date 29 August 1969 * self-authored letter to U.S. Army Human Resources Command (HRC), dated 30 March 2010 * letter from HRC Awards and Decorations Branch, dated 16 August 2010 * DD Form 215 (Correction to DD Form 214), dated 17 August 2010 * Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 30 September 2014, signed by L____ R____ * VA Form 21-4138, dated 15 October 2014, signed by applicant * self-authored email to U.S. National Archives and Records Administration, dated 4 March 2014 * self-authored memorandum to unknown recipient, dated 11 December 2014 * undated, self-authored email to his Member of Congress * Consent for Release of Information, dated 11 June 2015 * self-authored letter to HRC Awards and Decorations Branch, dated 8 December 2015 * letter from HRC, Awards and Decorations Branch, dated 20 January 2016 * letter from the Army Review Boards Agency, dated 14 March 2016 * self-authored letter to HRC Awards and Decorations Branch, dated 15 November 2016 * letter from HRC Awards and Decorations Branch, dated 29 November 2016 * self-authored letter to the Army Board for Correction of Military Records (ABCMR), dated 15 February 2017 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 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 29 August 1969. He provided a Certificate of Training showing he successfully completed the Combat Leaders Course given at Camp Radcliff, Republic of Vietnam, on 1 August 1967. 3. His DA Form 20 (Enlisted Qualification Record) shows he held military occupational specialty 11B (Infantryman) and served in Vietnam from 20 February 1967 through 19 February 1968. Item 40 (Wounds) contains no entries. 4. His records contain a Standard Form 502 (Narrative Summary) showing he was admitted to the U.S. Air Force Hospital on Westover Air Force Base, MA, on 29 February 1968 after his return from Vietnam. He was treated for chills, fever, abdominal discomfort, and anorexia after he was initially seen and treated by a private physician with a diagnosis of infectious mononucleosis. His past medical history shows he had one episode of falciparum malaria in May 1967, which was treated in Vietnam without apparent recurrence. He was discharged on 8 March 1963 to continue his convalescence at home on no medication. 5. He provided a partial copy of his international vaccination record which contains numerous entries stamped as transcribed from Official U.S. Department of Defense Records. It shows he received revaccinations on 19 September 1966, 11 October 1968, and 8 June 1969. It is unclear what the specific vaccinations were as the copies are incomplete and illegible. 6. He provided a photograph, presumably of himself while serving in Vietnam. He also provided two undated newspaper articles titled, "Bristol Man Involved in Heavy Viet Fight" and "Bristol GI Ends up as Commander." The articles appear to have been published at the time of his Vietnam service and state he and his unit took part in a battle with North Vietnamese soldiers 297 miles northeast of Saigon near the hamlet of My Anh on the Friday before the articles were published. A squad leader at the time, he ended up in command of his platoon after 16 American Soldiers were killed fighting through heavy enemy fire. 7. There are no orders in his records awarding him the Purple Heart. There is no medical evidence in his records and he did not provide any showing he was wounded as a result of hostile action or otherwise wounded or injured while serving in Vietnam. 8. He was honorably released from active duty on 29 August 1969. He completed 2 years, 11 months, and 21 days of total active service. His DD Form 214 shows he was awarded or authorized the: * Combat Infantryman Badge * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars * Air Medal * Army Commendation Medal 9. A letter from the applicant to the Commander, HRC, dated 30 March 2010, states he requested the Air Assault Badge and the Purple Heart. He stated he was wounded by an enemy poisoned punji stick that went through his leg and he was treated by a field Army doctor on numerous times in the field. 10. A letter from the Chief, Awards and Decorations Branch, HRC, to the applicant, dated 16 August 2010, states that office reviewed historical casualty records for the Vietnam era and did not find his name among the list of battle casualties. Without evidence that he was treated for wounds received as a result of enemy action and that his injuries were made a matter of official record, they could not authorize award of the Purple Heart. Additionally, he did not qualify for award of the Air Assault Badge as to qualify for the award, individuals must have completed an approved Air Assault Training Course after 1 April 1974. The Awards and Decorations Branch verified his entitlement to the Vietnam service Medal with three bronze service stars and the Republic of Vietnam Gallantry Cross Unit Citation with Palm Device. 11. A DD Form 215, dated 17 August 2010, shows his DD Form 214 with the separation date of 29 August 1969 was corrected to show he was awarded or authorized the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Gallantry Cross Unit Citation with Palm Device. 12. He provided two VA Forms 21-4138. The first was written by L____ R____, dated 30 September 2014, and the second was self-authored, dated 15 October 2014. a. The statement by L____ R____ states he was a staff sergeant in the same company as the applicant in 1967. He states the applicant was point man while on patrol and took a poisoned punji stick through his leg. He was taken back to the base camp for medical treatment. After being bandaged, he insisted on staying in the jungle with the platoon and was told by company superiors he would receive a Purple Heart. Soon afterward, the company was involved in a major battle and the superiors were either killed or no longer with the company; therefore, he never received the award. Each week his wounded leg would blow up like a baseball and an Army doctor would fly in weekly on a helicopter to cut open and drain the wound. The Army should award him his well-deserved Purple Heart. b. The applicant's statement reiterates his previous statements. He states a poisoned punji stick went through his leg while he was on patrol in Vietnam in 1967 and he was told at the time he would receive the Purple Heart. Unfortunately, those who were going to write up the Purple Heart recommendation were killed in battle. His leg swelled up like a baseball from the poison and he still has a scar. L____ R___ was there and saw the wound. 13. He also provided a self-authored email to the U.S. National Archives and Records Administration, dated 4 March 2014; a self-authored memorandum to an unknown recipient, dated 11 December 2014; and an undated, self-authored email to his Member of Congress. In each correspondence, he speaks to his leg injury resulting from a poisoned punji stick that punctured his leg and, in two of the three requests, the Purple Heart for the wound. 14. He again corresponded with the Awards and Decorations Branch, HRC, in an 8 December 2015 letter, wherein he states he provided a copy of the VA Form 21-4138 completed by L____ R____. He also made reference to the company administration clerk from 1967 who he was able to contact and he told him the medical doctor flying out to treat his wound was from a separate group and would not be included in their unit reports. The event would have been recorded had he taken the medical evacuation helicopter back to base for treatment. 15. On 20 January 2016, the HRC Awards and Decorations Branch informed the applicant his request for award of the Purple Heart was again denied as he did not meet the criteria. To date, they had not received any official documentation indicating his treatment by a medical officer for wounds incurred as a direct result of enemy action. He was advised of his right to appeal to the ABCMR. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 a medical officer, and the medical treatment must have been made a matter of official record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member's medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. DISCUSSION: While the veracity of the witness statement is not called into question, there is no evidence of record showing the applicant sustained a wound as a result of hostile action which required treatment by medical personnel and that the treatment was made a matter of official record which would render him eligible for award of the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004845 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004845 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2