BOARD DATE: 21 January 2016 DOCKET NUMBER: AR20150006962 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 award of the Purple Heart. 2. The applicant states: * he received shrapnel wounds while serving in Vietnam * he was awarded Department of Veterans Affairs (VA) benefits for scars 3. The applicant provides: * DA Form 20 (Enlisted Qualification Record) * VA Form 21-6796 (Rating Decision), dated 22 June 1971 * VA Rating Decision, dated 30 July 2014 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 was inducted into the Army of the United States on 14 October 1965. He served as an infantry indirect fire crewman in Vietnam from 15 July 1966 to on or about 13 July 1967. 3. Item 38 (Record of Assignments) of his DA Form 20 does not show he was assigned in a patient status at any time during his tour of duty in Vietnam. 4. Item 40 (Wounds) of his DA Form 20 is blank. 5. Item 41 (Awards and Decorations) of his DA Form 20 does not show the Purple Heart as an authorized award. 6. His Standard Form 88 (Report of Medical Examination), dated 16 July 1967, shows he underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam. Items 18 (Head, Face, Neck, and Scalp), 31 (Abdomen and Viscera), 35 (Upper Extremities), and 39 (Identifying Body Marks, Scars, Tattoos) of this form show he was rated normal. 7. On 16 July 1967, he was honorably released from active duty. 8. His DD Form 214 does not show the Purple Heart as an authorized award. 9. There are no orders for the Purple Heart in his available records. 10. His name is not listed on the Vietnam casualty roster. 11. He provided a VA Form 21-6796, dated 22 June 1971, showing he was evaluated for service connection for back injuries and shrapnel wounds of his face and chest. The narrative block states, in part: a. "On January 29, 1967, while checking his gear in the company area, the veteran was hit with fragments from a grenade cap, sustaining multiple fragment wounds of the face, chest, and abdomen, with no nerve or artery involvement." b. "The veteran was admitted to the hospital on January 30, 1967, where he underwent the delayed primary closure, and was discharged to duty on February 7, 1967." c. "The examination for discharge from service, July 16, 1967, was negative and the veteran registered no complaints at that time." d. He was granted service connection for "scars, multiple fragment wounds, face, chest and abdomen" rated as 0-percent disabling. 12. He also provided a VA Rating Decision, dated 30 July 2014, showing he was granted service connection for the following conditions and percentages of disability: * scar, center of forehead – 30 percent * scar, unstable, center of forehead – 10 percent * scars, anterior chest – 0 percent * facial scars – 0 percent 13. 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. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he received shrapnel wounds to his face, chest, and abdomen while serving in Vietnam. 2. The evidence of record shows he underwent a separation physical examination on 16 July 1967 which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam. His face, upper extremities, and abdomen were rated normal. No scars were noted. 3. His name does not appear on the Vietnam casualty roster. 4. Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart. The Purple Heart requires evidence to verify the wound was the result of hostile action, treatment of the wound by military medical personnel, and documentation of the wound in official records. 5. In the absence of corroborating evidence showing he was injured and treated for wounds sustained as a result of hostile action in Vietnam, the VA documentation is not sufficient as a basis for awarding him the Purple Heart. 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 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) AR20150006962 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006962 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1