IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150005750 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 the Purple Heart. 2. The applicant states the Purple Heart is not shown on his DD Form 214. 3. The applicant provides his DD Form 214 and a newspaper article. 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 19 May 1966 and he held military occupational specialty 11F (Infantry Operations and Intelligence Specialist). 3. He served in Vietnam from on or about 23 October 1967 to on or about 18 April 1969. He was assigned to: * 1st Battalion, 27th Infantry, 25th Infantry Division, from 29 October 1967 to 12 October 1968 * U.S. Military Assistance Command - Vietnam, Office of the J-3, from 13 October 1968 to 18 April 1969 4. He was honorably released from active duty on 17 April 1969 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. His DD Form 214 does not show award of the Purple Heart. It shows the: * Vietnam Service Medal * National Defense Service Medal * Joint Service Commendation Medal * Bronze Star Medal * Vietnam Campaign Medal * Combat Infantryman Badge * Army Commendation Medal 5. He provides a picture of an individual sitting behind a typewriter. Below the picture is a typewritten paragraph that appears to be a newspaper article from an unknown source and is undated. The article states, in effect, Staff Sergeant Jxxx F. Sxxxxxxxx … has completed 3 years of service in the Army. He received two Bronze Stars for valor, four Purple Heart medals, Joint Service and Army Commendation Medal, National Defense Service Medal, and Vietnam campaign ribbon and service medal. 6. There is nothing in several typical sources that show he was injured or wounded as a result of hostile action: a. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) 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 any orders for the Purple Heart pertaining to him. b. There are no general orders in his records for award of the Purple Heart and he does not provide orders for award of the Purple Heart. c. His records do not contain a Western Union Telegram informing his next of kin of an injury/wound or any Army Adjutant General correspondence regarding an injury. d. The applicant’s name is not shown on the Vietnam casualty roster. e. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. f. Nowhere in the available medical records is there an indication he was wounded as a result of hostile action or treated for his wounds. 7. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and 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 AND CONCLUSIONS: The available evidence does not support adding the Purple Heart to his DD Form 214: a. There are no orders in his records and he provides none to show he was awarded the Purple Heart. In order to add an award to the DD Form 214 there must be official orders or some other indication that the Purple Heart has been or should have been awarded. b. 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 medical personnel, and the medical treatment must have been made a matter of official record. c. The available records are void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat. d. In the absence of the general orders or documentation that shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart or add it to his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that 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. ABCMR Record of Proceedings (cont) AR20150005750 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005750 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1