IN THE CASE OF: BOARD DATE: 21 February 2017 DOCKET NUMBER: AR20150017434 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: 21 February 2017 DOCKET NUMBER: AR20150017434 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: 21 February 2017 DOCKET NUMBER: AR20150017434 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 the Purple Heart. 2. The applicant states he received injuries as a result of hostile action in the Republic of Vietnam on 10 May 1969. His gun crew had been firing on the enemy for several hours when the breech on the 155 howitzer overheated causing it to explode. He received multiple wounds from the explosion. 3. The applicant provides: * National Personnel Records Center letter dated 7 October 2015 * DD Form 1351-2 (Travel Voucher or Subvoucher) * Medical record dated 24 June 1969 * Purple Heart request endorsement dated 27 February 1970 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 11 September 1968. He completed training and he was awarded military occupational specialty 13B (Field Artillery). 3. His DA Form 20 (Enlisted Qualification Record) contains the following information: * item 31 (Foreign Service) shows he served in the Republic of Vietnam from 5 February through 24 May 1969 * item 38 (Record of Assignments) shows he was assigned to Battery B, 1st Battalion, 92nd Artillery Regiment, from 11 February to 16 May 1969 * item 40 (Wounds) is blank 4. The applicant provided a medical record, which shows he was admitted to the hospital initially on 10 May 1969 in the Republic of Vietnam. He was diagnosed with multiple fragment wounds in both upper and lower extremities after being hit by fragments from a breech explosion on 10 May 1969. He was medically evacuated to Fitzsimons General Hospital, Denver, CO and admitted on 24 May 1969. Upon admission it was noted his wounds were healed and he underwent general surgery. He was then placed on convalescent leave from 29 May through 15 June 1969. 5. The applicant provided an indorsement dated 27 February 1970 with the subject line "Request for orders awarding the Purple Heart" from the Adjutant, Headquarters, U.S. Army Hospital, Camp Zama, Japan, to the Commanding Officer, Headquarters and Headquarters Service Battery, 6th Battalion, 20th Artillery Regiment. The adjutant stated the papers forwarded as substantiating documents for the Purple Heart gave no indication that the applicant was wounded as the result of hostile action. He requested that the clinical record cover sheet be checked at Fitzsimons General Hospital to determine if the applicant was eligible for the Purple Heart. 6. There are no orders in the applicant's records showing he was awarded the Purple Heart. 7. On 21 August 1970, he was honorably released from active duty. His DD Form 214 does not reflect the Purple Heart. 8. 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 as being wounded in action. 9. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Purple Heart is awarded for a wound sustained while in action against an 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. The regulation provides for award of the Purple Heart to individuals wounded or killed as a result of "friendly fire" in the "heat of battle" as long as the "friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment. DISCUSSION: 1. The governing regulation provides for award of the Purple Heart to individuals wounded or killed as a result of hostile action or as a result of "friendly fire" in the "heat of battle" as long as the "friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment. 2. The evidence in this case indicates the applicant's injuries on 10 May 1969 were the result of an accident (i.e., equipment failure) and were not the result of hostile action or "friendly fire." It appears the Adjutant, Headquarters, U.S. Army Hospital, Camp Zama, Japan, came to the same conclusion. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017434 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017434 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2