IN THE CASE OF: BOARD DATE: 9 February 2017 DOCKET NUMBER: AR20150016479 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: 9 February 2017 DOCKET NUMBER: AR20150016479 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: 9 February 2017 DOCKET NUMBER: AR20150016479 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 on 13 November 1966, he was in Vietnam with Company A, 1st Battalion, 14th Infantry Regiment, 25th Infantry Division. He came out of a battle with shrapnel burns on his arms, but at the time, he was one of a small number in his unit still walking. He was a radio operator with one of the few still operating radios. It was brought to his attention that his shirt was shot to shreds, but after inspection, he had only the burns on his arms and ringing in his ears. There were a number of dead and wounded, and taking care of them and getting out of that area was their main objective. What happened after that was a blur. He thinks his unit was taken off line for a short time. 3. The applicant provides a photograph of himself, an article describing burns and scratches he received, and two internet articles describing the 13 November 1966 battle. 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 29 October 1964. He entered active duty, completed his initial entry training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. The applicant's record contains a DA Form 20 (Enlisted Qualification Record), which reflects the following: a. Item 31 (Foreign Service) shows he served in the Republic of Vietnam from on or about 4 January 1966 through on or about 9 January 1967. b. Item 38 (Record of Assignments) shows he served with Company A, 1st Battalion, 14th Infantry Regiment, during his service in the Republic of Vietnam. c. Item 40 (Wounds) is blank. d. Item 41 (Awards and Decorations) shows no entry indicating he was awarded the Purple Heart. 4. The applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 27 October 1967. His DD Form 214 shows he completed 2 years, 11 months, and 29 days of total active service, including 1 year, 8 months and 27 days of foreign service. His DD Form 214 does not show he was awarded the Purple Heart. 5. The applicant's available record does not contain orders for the Purple Heart, nor does it contain any documentation that indicates he was treated for wounds or injuries he sustained as a result of hostile forces during his service in the Republic of Vietnam. His name does not appear on the Vietnam casualty roster. 6. The applicant provides: a. Two internet articles describing the hostile action on 13 November 1966; however, the articles do not detail his treatment for wounds that resulted from hostile action. b. A photograph of himself and an article describing burns and scratches he received that reads as follows: Pleiku, Vietnam (3rd BDE IO) – Specialist Four [Applicant] … examines the holes in his shirt caused by enemy mortar fragments and small arms fire during a recent fire fight. Despite the holes, [Applicant's] only wounds were minor scratches and burns. He is a radio-telephone operator (RTO) with the 1st battalion, 14th Infantry "Golden Dragons," part of the 3rd Brigade Task Force, 25th Infantry Division. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound or wounds sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided that verifies the wound resulted from hostile action, required treatment by medical personnel, and that treatment was made a matter of official record. DISCUSSION: 1. The applicant provides a photograph of himself and an article that indicates he sustained minor scratches and burns as a result of enemy mortar fragments and small arms fire. There is no indication he sought medical treatment for the minor scratches and burns or that these injuries required treatment by medical personnel. 2. The applicant's record does not contain documentation that shows he was treated for any wound or injury and his name does not appear on the Vietnam casualty roster. 3. The governing Army regulation provides that in order to be awarded the Purple Heart, a wound must be as a result of a hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014846 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016479 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2