IN THE CASE OF: BOARD DATE: 9 February 2017 DOCKET NUMBER: AR20150017879 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: AR20150017879 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: AR20150017879 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, in effect, that while assigned to Company B, 75th Supply [sic] Battalion, there was a "supply wood" hanging on the wall and a piece of shrapnel came at him and hit him in the throat and left shoulder. He does not know how the explosion originated but he lost consciousness, nonetheless. 3. The applicant provides copies of: * Bronze Star Medal Certificate, dated 6 January 1971 * DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 7 February 2005 * statement from his spouse, dated 13 September 2015 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 20 March 1969. He completed his initial entry training and was awarded military occupational specialty (MOS) 91A (Medical Corpsman). 3. The applicant served in the Republic of Vietnam from on or about 7 March 1970 through on or about 21 December 1970. During this period, he was assigned to Company B, 75th Support Battalion, 5th Infantry Division. 4. The applicant was honorably released from active duty on 22 December 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). His DD Form 214 shows he completed 1 year, 8 months, and 27 days of total active service, including 9 months and 15 days of foreign service. His DD Form 214 does not show he was awarded the Purple Heart. 5. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank, indicating the absence of any recorded wounds that required treatment or were made part of the official record. Additionally, Item 41 (Awards and Decorations) shows no entry indicating he was awarded the Purple Heart. 6. 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. 7. The applicant's name does not appear on the Vietnam casualty roster. 8. The applicant provides: a. His Bronze Star Medal Certificate, dated 6 January 1971, which shows he awarded the Bronze Star Medal for achievement during the period March 1970 through December 1970. b. His DD Form 215 that corrects his DD Form 214 for the period ending 22 December 1970 by adding numerous individual and unit awards related to his service in Vietnam; however, the Purple Heart is not among them. b. A notarized statement, dated 13 September 2015, from his spouse stating, in effect, she saw the scars on the applicant's neck and shoulder after he returned from the Republic of Vietnam. 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 statement from his spouse, wherein she states she noticed scars on the applicant's neck and shoulder after he returned from the Republic of Vietnam. The spouse states the applicant told her he received the scars on or about 7 December 1970. 2. The applicant's record does not contain evidence that shows he was wounded or injured during his service in Vietnam. Similarly, the Vietnam casualty roster does not indicate he was wounded/injured. 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) AR20150017879 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2