IN THE CASE OF: BOARD DATE: 2 February 2016 DOCKET NUMBER: AR20150007793 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. He states: a. He was shot in the leg with a .38 caliber handgun while at Long Binh Army Base, Vietnam. He borrowed the weapon from a fellow military policemen. b. At the time he did not apply for a Purple Heart as the injury did not occur under enemy fire. He is requesting consideration now that the restrictions have been lifted regarding requirements to qualify for award of the Purple Heart. 3. He provides a self-authored statement. 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 17 June 1971, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty (MOS) 95B (Military Policeman). 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) – he was credited with service in Vietnam from 9 November 1971 through 3 August 1972 * item 40 (Wounds) – no entries showing he was wounded * item 41 (Awards and Decorations) – no entry for the Purple Heart 4. On 12 March 1973, he underwent a medical examination for the purpose of release from active duty. He did not report having been injured in Vietnam, and the examining physician did not note any such injury. 5. On 22 March 1973, he was honorably released from active duty. His DD Form 214 does not show that he was awarded the Purple Heart. 6. His complete service medical records are not available for review. 7. A review of the Vietnam casualty listing compiled by The Adjutant General's Office, Casualty Division, does not show the applicant's name listed as a casualty. 8. A 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 Purple Heart pertaining to the applicant. 9. Army Regulation 600-8-22 (Military Awards) states the Purple Heart 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 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. When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for the award. b. 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 * concussion injuries caused as a result of enemy generated explosions c. Examples of injuries or wounds which clearly do not justify award of the Purple Heart include: * 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 DISCUSSION AND CONCLUSIONS: 1. The applicant describes his injury as having occurred when he borrowed another Soldier’s weapon. Based on this description, it appears his injury was accidental. 2. In the absence of official documentation showing he was injured as a result of hostile action, the injury required treatment by medical personnel, and the medical treatment was made a matter of official record, there is an insufficient basis for awarding him the Purple Heart or correcting his record to show this award. 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) AR20140000432 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007793 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1