IN THE CASE OF: BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150009277 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: 14 April 2016 DOCKET NUMBER: AR20150009277 BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. Nevertheless, this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. ___________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: 14 April 2016 DOCKET NUMBER: AR20150009277 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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. 2. The applicant states he was wounded twice in action when his truck was blown up by a land mine and in a wreck with an 18-wheeler. 3. The applicant provides his DD Form 214, DD Form 689 (Individual Sick Slip), and four photographs. 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 16 November 1965 and he held military occupational specialty 64C (Truck Master). He served in Vietnam from 12 December 1966 to 1 November 1967 while assigned to the 529th Transportation Company and Headquarters and Headquarters Detachment (HHD), 39th Transportation Battalion. 3. He provides: a. A photograph of a Soldier standing next to a damaged truck. He wrote that he was transporting napalm bombs from Cam Ranh Bay and ran over a land mine while driving the 18-wheeler (i.e. 2 and 1/2 ton truck) and received shrapnel wounds to his left leg. He did not know the exact date but it was prior to 24 April 1967. b. A photograph, dated 24 April 1967. He wrote that the photograph showed the 18-wheeler that hit his 2 and 1/2 ton truck. He was on his way back to base and was hit head-on. Upon impact, he was ejected from his truck and landed face first in a rice paddy. When he came to, he could hear his men call his name but was unable to respond. When he was found, he was taken to base, treated, and given a sick slip. c. A DD Form 689, dated 24 April 1967, shows he was treated on that date for an issue with his elbow. The sick slip shows the disposition was “no use of right elbow for a week and to wear a sling.” The injury was found to be in the line of duty (LOD). d. Two photographs that show two sides of an engraved lighter to “THE US SARGE.” He wrote the lighter was given to him by his men and has the same title engraved as the front of his truck shown in the prior photographs. 4. He was honorably released from active duty on 2 November 1967 and he was transferred to the U.S. Army Reserve. The DD Form 214 he was issued does not show the Purple Heart and his record is void of orders awarding him the Purple Heart. 5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not contain an entry to indicate he was wounded in action and item 41 (Awards and Decorations) does not show the Purple Heart. 6. The applicant’s name does not appear on the Vietnam casualty roster. 7. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973, maintained by the Military Awards Branch of the U.S. Army Human Resources Command failed to reveal orders awarding the applicant the Purple Heart. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and 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. DISCUSSION: 1. The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify a Soldier received a wound/injury as a result of hostile action, the wound/injury required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 2. Notwithstanding the applicant’s sincerity, his records are void of any evidence and he did not provide any evidence that shows he was wounded or injured as a result of hostile action. Although, he may have injured his elbow while in Vietnam and that injury was found to be in the LOD that does not mean that the injury was caused by hostile action. 3. His name is not listed on the Vietnam casualty roster and his DA Form 20 does not indicate he received a combat-related wound. In the absence of conclusive evidence that shows he was wounded as a result of hostile action and treated for those wounds, regrettably, he does not meet the criteria for 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) AR20150009277 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009277 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2