IN THE CASE OF: BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20150014005 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: 23 August 2016 DOCKET NUMBER: AR20150014005 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: 23 August 2016 DOCKET NUMBER: AR20150014005 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 he was wounded twice during combat in Vietnam and he never received the Purple Heart. He suffered hearing loss and was shot in the leg. 3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 13 May 1968. 3. His DA Form 20 (Enlisted Qualification Record) shows the following information: a. Item 31 (Foreign Service), he served in Vietnam from 3 October 1968 to 2 October 1969. b. Item 38 (Record of Assignments), he was assigned to duty in Vietnam with Headquarters and Headquarters Company, 86th Engineer Battalion (Combat). There are no entries showing he was hospitalized in a patient status. c. Item 40 (Wounds), no entry indicating he sustained wounds in action. d. Item 41 (Awards and Decorations), no entry for the Purple Heart. 4. His service record does not contain orders awarding him the Purple Heart and the Vietnam casualty roster does not list his name. Additionally, his service record does not contain any medical documentation that indicate he was wounded in action. 5. The Army honorably released him from active duty on 20 November 1971 and transferred him to the U.S. Army Reserve Control Group (Reinforcement) on the following day. The DD Form 214 issued to him for this period does not show award of the Purple Heart. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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: 1. The applicant contends that he was wounded twice during combat in Vietnam. However, his service record is void of medical documentation confirming he was injured, was treated by a medic, was hospitalized, or that he received treatment by a medical officer. 2. His service record is void of evidence indicating he sustained an injury as the result of hostile action. His name is not on the Vietnam casualty roster. 3. By regulation, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded because of enemy action, the wound required treatment by medical personnel, and the treatment was made a matter of official record. 4. The applicant's service in the Republic of Vietnam and his sincerity are not in question. However, his military record does not contain any medical treatment records or other documents, which confirm he was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the Republic of Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014005 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014005 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2