BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160003448 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: 14 September 2017 DOCKET NUMBER: AR20160003448 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: 14 September 2017 DOCKET NUMBER: AR20160003448 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. He states, in April 1968, he was shot in the right wrist while in Que, Vietnam. The next day, he left to attend a friend’s funeral who was killed in Vietnam. 3. He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his Department of Veterans Affairs (VA) Disability Decision, dated 23 August 2013. 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. On 7 November 1966, the applicant was inducted into the Army of the United States and he served as a light weapons infantryman. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) – he was credited with service in Vietnam from 25 April 1967 through 19 April 1968 * item 40 (Wounds) – no entry indicating he was wounded as a result of hostile action * item 41 (Awards and Decorations) – no entry for the Purple Heart 4. He underwent a separation physical on 3 October 1968 wherein he listed his health as good and did not report any combat injuries. On 6 November 1968, he was honorably released from active duty. 5. His record is void of documentation showing he was wounded as a result of hostile action. 6. A review of his record failed to reveal orders awarding him the Purple Heart and his name does not appear on the Vietnam casualty roster. 7. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 Purple Heart orders pertaining to the applicant. 8. The applicant provides his VA Disability Decision awarding him a 70-percent service connected disability rating for post-traumatic stress disorder. REFERENCES: Army Regulation 600-8-22 (Military Awards) states 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 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 criteria for the Purple Heart require the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound required medical treatment by medical personnel, and the medical treatment was made a matter of official record. 2. The available evidence does not show he was wounded or injured as a result of enemy action during his service in Vietnam and his record is void of orders awarding him the Purple Heart. Further, he did not list any injuries on his separation physical, his name is not listed on the Vietnam casualty roster, and there are no orders awarding him the Purple Heart in the available records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003448 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003448 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2