BOARD DATE: 15 June 2017 DOCKET NUMBER: AR20160001070 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 BOARD DATE: 15 June 2017 DOCKET NUMBER: AR20160001070 BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. _____________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. BOARD DATE: 15 June 2017 DOCKET NUMBER: AR20160001070 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 he served in the Republic of Vietnam. He sustained several injuries from enemy fire during the period November 1970 to February 1971, including one injury when a grenade exploded. He believes medics documented his injuries. At the time, he was young and never understood the importance of the award. 3. The applicant provides no documentary evidence in support of his application. 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 9 April 1969. He was awarded military occupational specialty 11D (Armor Reconnaissance Specialist). 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) – * Vietnam from 5 April 1970 through 4 April 1971 * Germany from 30 April 1971 [through 24 August 1971] * item 38 (Record of Assignments) – * Troop E, 17th Cavalry, 173rd Airborne Brigade, U.S. Army Vietnam, from 9 April 1970 through 8 March 1971 * Headquarters and Headquarters Company, 2nd Battalion, 509th Infantry, U.S. Army Europe, from 8 May through 24 August 1971 * item 40 (Wounds) – no entries * item 41 (Awards and Decorations) – no Purple Heart 4. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was discharged on 25 August 1971. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not list the Purple Heart. 5. A review of the applicant's military personnel records failed to reveal any orders or other evidence showing he was awarded the Purple Heart. 6. On 19 July 1990 in response to an inquiry initiated by the applicant pertaining to award of the Purple Heart, the Chief, Personnel Services Division, U.S. Army Military Personnel Center, Alexandria, VA, advised the Honorable A____ M____, Representative in Congress, that a review of the applicant's military and medical records failed to show he was wounded as a result of enemy action. The applicant was advised to provide specific information pertaining to the incident (e.g., date, location, unit of assignment, and medical treatment facilities). 7. A further review of the applicant's records failed to reveal evidence that he provided such information. 8. A review of The Adjutant General's Office Casualty Division's Vietnam Casualty Roster failed to reveal the applicant's name, service number, or social security number. 9. A request for 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the Purple Heart to the applicant. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. It shows the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy. In order to support awarding a member the Purple Heart, 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. DISCUSSION: 1. The applicant's military service records do not show any evidence that he was wounded or injured in action as a result of a hostile act of the enemy, or that any such wound or injury required treatment by medical personnel and was made a matter of official record, as required by the criteria for the Purple Heart. a. The applicant's name is not listed on the Vietnam casualty roster. b. There are no orders or any other evidence that shows he was awarded the Purple Heart. 2. There is no evidentiary basis to substantiate the applicant's claim to 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) AR20160001070 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001070 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2