BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160001405 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: 5 September 2017 DOCKET NUMBER: AR20160001405 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. BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160001405 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 was accidentally wounded in Vietnam in a combat zone and passed over for the Purple Heart because he was accidently shot by another service member in a combat zone. Two white Soldiers received the Purple Heart, one for getting his hand slammed in a tank hatch and the other for getting his toe crushed in the chain drive and sprocket of a bulk food mixer. He states that he should be 100 percent (%) disabled due to the exposure and effects of Agent Orange, he is currently 80% disabled. He has Agent Orange induced diabetes, for which he is receiving medical treatment, and he is a behavioral health patient. 3. The applicant provides a self-authored statement; a letter from the Director of Case Management Division, Army Review Boards Agency; and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 13 July 1970. 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. Item 31 (Foreign Service), he served in Vietnam from 10 December 1970 to 8 March 1971. b. Item 38 (Record of Assignments), he was assigned to the 64th Transportation Company from 26 December 1970 to 11 March 1971. He was also assigned to the 592nd Transportation Company on 12 March 1971, which was the same date, he was hospitalized in a patient status at the U.S. Army Hospital, Camp Zama. c. Item 40 (Wounds), no entry indicating he sustained wounds in action. d. Item 41 (Awards and Decorations), no entry for the Purple Heart. 4. His service record does not contain orders awarding him the Purple Heart or medical documentation indicating he was wounded in action. The Vietnam casualty roster does not list his name. This roster is a listing of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart. 5. The Army honorably released him from active duty on 17 January 1972 and transferred him to the U.S. Army Reserve Control Group (Annual Training). The DD Form 214 issued for this period does not show the Purple Heart. 6. He provided a letter, dated 9 November 2016, from the Director, Case Management Division, Army Review Boards Agency, requesting medical documents that supported his mental/behavioral health issues. The Director advised the applicant that if he did not have a copy of these documents, he could contact the doctor that diagnosed him or his Department of Veteran Affairs Regional Officer for assistance. 7. In a 22 November 2016 letter, he responded to the Case Management Division stating he did not have any mental issues. He stated that this office must have mixed up his record with another person. He continued to state that he was accidentally wounded in Vietnam in March 1971 and was passed over for the Purple Heart because he was not wounded by the enemy. However, he alleges two Soldiers received the Purple Heart, one for getting his hand slammed in a tank hatch and the other for getting his foot caught in the chain drive of a bulk food mixer. Both were accidents that did not involve enemy fire. He wants his Purple Heart and all that goes with it. He states that he did not request anything involving "mental issues." REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify 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 also provides 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 applicant contends that he was wounded in Vietnam and he was passed over for the Purple Heart because he was shot accidently. Although his DA Form 20 shows he was placed in a patient status in a military hospital, his service record is void of medical documentation confirming he was treated for gunshot wounds or that he was injured as a result of hostile action. His name is not listed on the Vietnam casualty roster. 2. By regulation, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded because of enemy action, the wound required treatment by medical personnel, and the treatment was made a matter of official record. 3. The applicant states he does not have any mental health issues. It appears the Board addressed mental health issues in a 9 November 2016 letter addressed to the applicant because he mentioned he is a behavioral health patient. 4. The applicant states he was accidentally wounded by another Soldier while in Vietnam and he was passed over for the Purple Heart because he was not wounded by the enemy. Unfortunately, he does not met the criteria required in Army Regulation 600-8-22 because his military record does not contain any medical treatment records or other documents, which confirm he was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in Vietnam. Additionally, the available record does not contain any evidence showing he was wounded as a result of "friendly fire" in the "heat of battle" by "friendly" projectile or agent released with the full intent of inflicting damage or destroying enemy troops or equipment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001405 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001405 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2