IN THE CASE OF: BOARD DATE: 17 March 2016 DOCKET NUMBER: AR20150009275 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: 17 March 2016 DOCKET NUMBER: AR20150009275 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: 17 March 2016 DOCKET NUMBER: AR20150009275 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. The applicant states: a. He was never awarded the Purple Heart. b. He spent a little over 2 years with Headquarters and Headquarters Company, 1st Battalion, 327th Infantry Regiment, 1st Brigade, 101st Airborne Division, in Vietnam. He arrived in Vietnam in September 1966 and was assigned to a mortar platoon. c. Their base camp was hit with mortars, rockets, and small arms fire sometime between February and April. He was hit with shrapnel in the lower calf and hip (buttocks) of his right side. A medic taped the wound with gauze, he took some medicine, and he went back to the perimeter. d. To this day it really hasn't meant that much. Now his son and grandson want to assemble a shadow box display of his awards for the future. e. He receives 100-percent disability compensation due to the effects of his exposure to Agent Orange. 3. The applicant provides: * self-authored letter in continuation of his application, dated 14 May 2015 * letter from the National Personnel Records Center, dated 12 January 2015 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 8 March 1966 for a period of 3 years. He served as an infantryman and cook in Vietnam from 28 September 1966 to 1 October 1968. 3. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank and item 41 (Awards and Decorations) does not show the Purple Heart as an authorized award. 4. His Standard Form 88 (Report of Medical Examination), dated 11 October 1968, 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 35 (Upper Extremities) and 39 (Identifying Body Marks, Scars, Tattoos) of this form show he was rated normal. 5. On 11 October 1968, he was honorably released from active duty. 6. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart as an authorized award. 7. There are no orders for the Purple Heart in his available records. 8. His name is not listed on the Vietnam casualty roster. REFERENCES: 1. 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. 2. Army Regulation 600-200 (Enlisted Personnel Management System), 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 of the DA Form 20. The instructions further stated the date the wound or injury occurred would also be entered in item 40. DISCUSSION: 1. The applicant contends he was hit with shrapnel in the lower calf and hip (buttocks) of his right side while serving in Vietnam. 2. His name does not appear on the Vietnam casualty roster and item 40 of his DA Form 20 is blank. 3. The evidence of record shows he underwent a separation physical examination on 11 October 1968 which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam. His lower extremities were rated normal. No scars were noted. 4. There is no evidence of record showing he was wounded as a result of hostile action in Vietnam. 5. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009275 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009275 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2