IN THE CASE OF: BOARD DATE: 18 October 2016 DOCKET NUMBER: AR20150016134 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: 18 October 2016 DOCKET NUMBER: AR20150016134 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: 18 October 2016 DOCKET NUMBER: AR20150016134 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. He also requests to appear before the Board. 2. The applicant states he received treatment for injuries sustained on 14 May 1970 from an enemy rocket propelled grenade at Firebase Bastone, Vietnam, and placed on light duty; however, his commanding officer was located at Firebase Birmingham and was unaware of his injury. He was not awarded the Purple Heart. 3. The applicant provides DD Form 1380 (U.S. Field Medical Card). 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 25 February 1969. 3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Report) shows he served in the Republic of Vietnam from 6 September 1969 to 1 October 1970. Item 40 (Wounds) is blank. Item 41 (Awards and Decorations) does not show award of the Purple Heart. 4. The applicant provides an incomplete copy of DD Form 1380. It indicates that while in the line of duty, someone diagnosed him with a shrapnel wound to the right forearm and left upper arm at 1000 hours on 14 May 1970. The medical officer's signature contains the initials of an unverified individual and the form notes the wound was treated with a field dressing. The form blocks that pertain to the nature of the casualty or illness and whether or not the injury was the result of enemy action were not completed. In addition, item 19 (What was he doing when injured) is blank. 5. The Army honorably released him from active duty on 3 October 1970. His DD Form 214 does not show award of the Purple Heart. 6. The applicant's official military personnel record does not contain any evidence to show he received wounds or treatment for wounds as a result of hostile enemy action. 7. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster. The applicant's name is not included on this roster. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders awarding him the Purple Heart. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards), paragraph 2-8 states the Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under the authority with any of the U.S. Armed Services, have been wounded, were killed, or who have died or may hereafter die of wounds received as a result of hostile enemy action. The wound, injury, or death must have been the result of hostile enemy action, the wound or injury must have required treatment, not merely examination, by a medical officer or a medical professional, provided a medical officer include a statement in the Servicemember's medical record that wounds would have required treatment by a medical officer if one had been available. Additionally, treatment of the wound will be documented in the Servicemember's medical and/or health record. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR will decide cases on the evidence of record. It is not an investigative body. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. Additionally, applicants may be represented by counsel at their own expense. DISCUSSION: 1. The applicant's request for a personal appearance hearing was considered. However, by regulation, an applicant is not entitled to a hearing before the Board. A panel of the Board or the Director of the ABCMR may authorize hearings. In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time. 2. In order to support award of the Purple Heart, there must be evidence to show the wound was a result of enemy action, the wound required medical treatment by a medical officer, and the medical treatment was made a matter of official record. 3. The applicant's service in Vietnam and his sincerity are not in question; however, the DD Form 1380 he provides is incomplete and does not include information such as how he incurred the injury, what he was doing at the time the injury occurred, or whether the injury was the result of enemy action. His military record does not contain any medical treatment records or other documents confirming he was wounded received as a result of enemy action. 4. The applicant's request for award of the Purple Heart does not meet the criteria listed in Army Regulation 600-8-22 as the available documentary does not fully describe the circumstances surrounding his injury. Documentary evidence is required for award of 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) AR20150016134 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016134 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2