IN THE CASE OF: BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017166 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 April 2017 DOCKET NUMBER: AR20150017166 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 April 2017 DOCKET NUMBER: AR20150017166 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. 2. The applicant states, in effect, he was told a Soldier had to have been evacuated to be eligible for the Purple Heart. He further states he was hit several times by shrapnel; however, it was his understanding if blood was drawn the Soldier was eligible. 3. The applicant provides: * DD Form 214 * General Orders Number 1144 * letter 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 6 January 1967. 3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Report) shows he served in the Republic of Vietnam from 8 June 1967 to 7 June 1968. Item 40 (Wounds) is blank. Item 41 (Awards and Decorations) does not show award of the Purple Heart. 4. The Army honorably released him from active duty at the expiration of his term of service on 18 December 1968. His DD Form 214 does not show award of the Purple Heart. 5. The applicant's official military personnel record does not contain any evidence to show he was wounded or treated for wounds as a result of hostile enemy action. 6. 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. 7. 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. 8. The applicant provides: a. A letter, dated 9 October 2015, from a Department of Veterans Affairs Medical Center that states a recent x-ray showed a tiny density in the forehead. A lateral view of his skull demonstrates a tiny radiopaque density in the skin of the forehead. This could be a small metallic density. b. General Orders Number 1144, dated 13 February 1968, awarding him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 24 November 1967. The narrative citation for the award does not mention the applicant being wounded in connection with this military operation. REFERENCES: 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. DISCUSSION: 1. 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. 2. The applicant's service in Vietnam and his sincerity are not in question; however, the letter he provides does not include information such as how the object came to be in his forehead, 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 received a wound as a result of enemy action. 3. 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 evidence does not fully describe the circumstances surrounding his injury. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017166 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017166 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2