IN THE CASE OF: BOARD DATE: 19 January 2016 DOCKET NUMBER: AR20150006168 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, the widow of a deceased former service member (FSM), requests, in effect, correction of the FSM’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart (PH). 2. The applicant states: a. The FSM was wounded on 11 November 1967 during the Vietnam War. His medical records prove he was wounded. At the time of the FSM’s injury his commander told him he would be recommended for award of the PH; however, to her knowledge it was never done. b. On 4 March 2005, the FSM passed away due to cancer from Agent Orange. He talked a lot about being injured in Vietnam. He was supposed to receive the PH but he never did. He wanted to receive the PH before he passed away but the cancer took a really bad toll on his body and mind. c. She wants to get his PH for him, their only son, and herself. The FSM deserves the PH just as all other veterans do. 3. The applicant provides: * Marriage Certificate * FSM’s Certificate of Birth * applicant’s Birth Certificate * FSM’s Certificate of Death * Standard Form 600 (Chronological Record of Medical Care) * letter of support * DD Form 214 * DD Form 215 (Correction to DD Form 214) 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 25 October 1966, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty (MOS) 12B (Combat Engineer). 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) – he was credited with service in Vietnam from 12 May 1967 to 10 May 1968 * item 40 (Wounds) – no entry indicating he was wounded as a result of hostile action * item 41 (Awards and Decorations) – no entry for the PH 4. On 24 September 1968, the FSM underwent a separation physical examination which made no mention of any wounds sustained as a result of hostile fire. 5. On 3 November 1967, he was honorably released from active duty. The DD Form 214 (as amended by a DD Form 215) he was issued at the time shows the: * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Campaign Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 6. There are no general orders in the FSM's service personnel records that show he was awarded the PH. There also is no evidence in his service personnel records that shows he was wounded in action or treated for wounds as a result of hostile action in Vietnam. The applicant's name is not listed on the Vietnam casualty roster. 7. 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 any orders for the PH pertaining to the FSM. 8. The applicant provided an eyewitness statement from a fellow Soldier. The Soldier stated, in part, the FSM was hit in the leg while running for cover during an incoming rocket attack in Vietnam. 9. The applicant also provided a health record dated 11 November 1967, which show the entry "Pt [Patient] cut R [Right] thigh on barb wire." There is no evidence that this injury was sustained as a result of hostile fire. 10. Army Regulation 600-8-22 (Military Awards) states 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 medical personnel, and the medical treatment must have been made a matter of official record. Award of the PH is announced in orders. DISCUSSION AND CONCLUSIONS: 1. The criteria for award of the PH require substantiating evidence to verify that the injury/wound was the result of hostile action and that the injury/wound required treatment by medical personnel. The medical treatment must have been made a matter of official record. 2. The applicant provided medical documentation showing that the FSM cut his thigh on barb wire; however, there is no evidence that this injury was sustained as a result of hostile action. 3. The applicant also provided an eyewitness statement in support of the claim for the PH; however, this statement is not sufficient by itself to establish that the FSM's injury met the criteria for award of the Purple Heart. The FSM’s name is not shown on the Vietnam casualty roster; his DA Form 20 does not show any combat wounds; and his available medical records do not reflect a combat wound/injury or treatment. 4. If the applicant has any additional medical records or other documents describing injuries the FSM received in Vietnam, she may submit those records with a request for reconsideration. 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) AR20150006168 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006168 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1