IN THE CASE OF: BOARD DATE: 22 March 2016 DOCKET NUMBER: AR20150008777 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: 22 March 2016 DOCKET NUMBER: AR20150008777 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: 22 March 2016 DOCKET NUMBER: AR20150008777 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 military service records to show award of the Purple Heart. 2. The applicant states he served in the Republic of Vietnam (RVN). On 4 June 1969, his unit began receiving incoming mortar rounds from the enemy. He entered a bunker, got pinned to the wall, and began bleeding. He was rushed to the hospital where he received medical treatment for the wound (six stitches). He adds that he had no idea he was entitled to the Purple Heart. 3. The applicant provides copies of two Standard Forms (SF) 600 (Health Record – Chronological Record of Medical Care) and his DD Form 214 (Certificate of Release or Discharge from Active Duty). 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 (RA) on 7 November 1967 for a period of 3 years. 3. The applicant's DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in: * item 31 (Foreign Service) – Vietnam from 18 June 1968 through 14 June 1969 * item 38 (Record of Assignments) – * Company D, 1st Battalion, 503rd Infantry, 173rd Airborne Brigade, from 22 June 1968 through 9 December 1968 * 155th Transportation Company from 10 December 1968 through 14 June 1969 * item 40 (Wounds) – no entries * item 41 (Awards and Decorations) – no entry for the Purple Heart 4. A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably discharged on 28 June 1970 to reenlist in the RA. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not list the Purple Heart. 5. Through a series of reenlistments, the applicant continued to serve on active duty through 30 November 1991. He attained the rank of sergeant first class. 6. A review of two DD Forms 214 covering the period of his service from 29 June 1970 through 8 February 1979, issued to the applicant based on having reenlisted in the RA (on 28 June 1976 and 9 February 1979), fail to show he was awarded the Purple Heart. 7. His DA Form 2-1 (Personnel Qualification Record), last reviewed by the applicant on 22 June 1990, shows in: * item 5 (Oversea Service) – Vietnam from 18 June 1968 through 14 June 1969 * item 9 (Awards, Decorations and Campaigns) – no entry for the Purple Heart 8. The applicant's final DD Form 214 shows he was retired on 30 November 1991. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not list the Purple Heart. 9. A review of the applicant's military personnel records failed to reveal any orders or other evidence showing he was awarded the Purple Heart. 10. A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster failed to reveal the applicant's name. 11. A request for 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 return award orders for the Purple Heart pertaining to the applicant. 12. In support of his application the applicant provides: * two SFs 600 that show on – * 2 June 1969, he was treated at the 12th U.S. Air Force Hospital, Cam Ranh Bay Air Base, RVN, for a stab wound to his lower right anterior chest; the wound was sutured * 4 June 1969, he received follow-up treatment for a stab wound that was (then) closed primarily and healing well * 8 June 1969, a doctor at the 241–349 General Dispensary removed the sutures from the applicant's wound * the SFs 600s fail to show the wound was sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy REFERENCES: Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. It shows the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy. In order to support awarding a member the Purple Heart, 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: 1. The applicant's request for award of the Purple Heart based on an enemy mortar attack in the RVN, on 4 June 1969, which caused a wound was carefully considered. a. The military medical records the applicant provides show he sustained a stab wound to the lower right anterior chest on 2 June 1969, which was treated and sutured. Subsequent entries in the medical records show he received follow-up treatment on 4 June, and then on 8 June 1969 to remove the sutures. b. There is no evidence in the available military medical records that shows the wound the applicant sustained on 2 June 1969 was incurred as a result of hostile action. c. Thus, the available military medical records provide insufficient evidence to support a claim to the Purple Heart. 2. The applicant's military service records do not show any evidence that he was wounded or injured in action as a result of a hostile act of the enemy or that any such wound or injury required treatment by medical personnel and was made a matter of official record. a. The applicant's name is not listed on the Vietnam casualty roster. b. There are no orders or any other evidence that shows he was awarded the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008777 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008777 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2