IN THE CASE OF: BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160015909 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: 13 June 2018 DOCKET NUMBER: AR20160015909 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: 13 June 2018 DOCKET NUMBER: AR20160015909 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 the Purple Heart. 2. The applicant states he was wounded in Vietnam in June 1968 and treated by a mobile medical unit for cracked ribs he received during a fist fight with Vietnamese personnel. By separate letter, dated 8 July 2016, he states: a. he was ordered to guard the Vietnamese workers because of an invasion of enemy forces in his company area. A few days after the company area was invaded, the unit learned some of the Vietnamese workers had maps of the company area and he and his unit went on high alert. b. there was a high volume of heavy equipment going through his unit's area. He was taking the Vietnamese workers to their destinations when he heard a loud explosive sound. Something hit his left inner foot causing a hole in his boot. He stopped the foreign workers to check his foot. He had a large purple blood blister on his foot. He thought he might have a bruise from a stone so he waited 4 or 5 days before he sought medical treatment and only when he was in severe pain. c. the medic who treated him also thought it was a stone bruise. The medic lanced the sore and gave him ointment to use on his injured foot. A week later when he could barely walk, he returned to sick call. The medic examined him and told him to return to duty. He again returned to sick call and an x-ray was ordered. The x-ray showed shrapnel had split the bone and lodged in his foot. d. he was medically evacuated to Qui Nhom to extract the shrapnel. The tissue in his foot was rotten and gangrene had set in. He was then sent to Cam Ranh Bay to recuperate. He recuperated there and then returned to his unit. e. no one offered him the Purple Heart even though he was wounded in combat during a high alert status. f. he does not know how the explosion occurred other than there must have been satchel charges all around the company area. A month earlier his company area was invaded by enemy forces. Many American Soldiers were injured and several were killed. During the invasion, he sustained injuries to his ribs from hand to hand combat with enemy forces. He was treated by a mobile medical unit. g. in 2015, he underwent surgery to repair a herniated navel. He is rated 90 percent disabled by the Department of Veterans Affairs. He suffers from diabetes, Type II; hearing loss, vision problems, jungle rot and post-traumatic stress disorder. For him, it is a matter of pride and honor [to receive the Purple Heart]. 3. The applicant provides – * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * VA Form 21-4138 (Statement in Support of Claim) * personal statement * newspaper clipping dated 10 April 1968 from Omaha World Herald 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 11 October 1966 the applicant was inducted into the Army of the United States. He served in Vietnam from 3 February to 3 October 1968 and he was assigned to: * 526th Collection Classification and Salvage Company from 12 February to 31 August 1968 serving as a heavy vehicle operator and automotive repairman * United States Army Depot Qui Nhon, Vietnam from 1 September to 2 October 1968 as a heavy vehicle operator 3. He was honorably released from active duty in the rank/grade of specialist four/E-4 on 9 April 1968. His DD Form 214 shows he completed 1 year, 11 months, and 23 days of active service. It also shows he was awarded or authorized the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960). 4. There is no evidence of record in several typical sources that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: a. item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury and item 41 (Awards and Decorations) of this form does not list the Purple Heart as an authorized award. b. his name is not shown on the Vietnam casualty roster, a compilation of most of those who were wounded in Vietnam, that is commonly used to verify eligibility for the Purple Heart. c. his records do not contain an official Army notification or a Western Union telegram notifying his next of kin of an injury. This was a normal notification procedure during the Vietnam War. d. his assignment history does not show he was hospitalized as a patient. e. a review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders showing he was awarded the Purple Heart. f. his medical records are not available for review with this case. 5. The applicant provided a newspaper clipping from the Omaha World Herald, dated 10 April 1968, titled: Operations Kill 3,336 Reds." The print is difficult to read because it is blurry in many places. It states that five American Soldiers were killed and many were wounded during a night invasion at an Army depot while most Soldiers were asleep. There were also bomb explosions at the depot wherein many more were killed and wounded. None of the wounded in action were identified by name in this news article. REFERENCES 1. Army Regulation 600-8-22 (Military Awards) provides that 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. a. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions. b. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action. 2. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. 3. 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 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 criteria for the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. 2. The absence of orders necessitates a review of other sources or evidence to support the applicant's contention he was wounded in action by enemy forces. The available evidence of record does not evidence that shows he was wounded or injured as a result of hostile action or treated for such wounds 3. While the applicant provided a news article attesting to an invasion by enemy forces at an Army depot, there were no casualties identified in the article by name nor were units identified. The common denominator was geographic locations identified by the applicant in his personal statement and in the newspaper article. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015909 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015909 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2