IN THE CASE OF: BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160008090 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: 10 October 2017 DOCKET NUMBER: AR20160008090 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: 10 October 2017 DOCKET NUMBER: AR20160008090 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, he is making his request for award of the Purple Heart for combat-related hearing loss, tinnitus, post-traumatic stress disorder (PTSD), diabetes, and ischemic heart disease. He further states an application was never submitted due to administrative negligence. The applicant claims he was standing within one foot of L____ E. C______ when a rocket-propelled grenade struck and decapitated him. The applicant was left dazed and confused with severe hearing loss and tinnitus. 3. The applicant provides: * portion of a memorial service program * newspaper clipping * photographs * Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim) * 4-page VA Decision Review Officer Decision * 7-page Hearing Loss and Tinnitus Disability Benefits Questionnaire * 5-page Medical Opinion Disability Benefits Questionnaire * 2-page Audio Form * 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 23 April 1968. He completed training and he was awarded military occupational specialty 71L (Administrative Specialist). 3. His DA Form 20 (Enlisted Qualification Record), audited on 11 May 1970, shows he served in the Republic of Vietnam from 11 May 1969 through 16 January 1970 with Headquarters and Headquarters Company, U.S. Army Depot, United States Army Pacific. 4. He was honorably released from active duty on 21 January 1970. His DD Form 214 does not show the Purple Heart. 5. A review of his records did not yield general orders awarding him the Purple Heart. Additionally: a. Item 40 (Wounds) of his DA Form 20 is blank and item 41 (Awards and Decorations) does not show award of the Purple Heart. b. His name is not shown on the Vietnam casualty roster as having sustained an injury as a result of hostile action. c. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any Purple Heart orders for him. 6. The applicant provided: a. A newspaper clipping, photographs, and information from the memorial service for L____ E. C______. b. A 4-page VA Decision Review Officer Decision showing he received a service-connected rating from the VA with an evaluation of 10 percent for tinnitus. The VA granted service connection for tinnitus even though the condition was not shown in his treatment records. The VA examination showed an opinion that his current tinnitus was at least as likely as not caused by or was the result of noise exposure in the military. The VA did not state the applicant’s tinnitus was related to combat. REFERENCES: Army Regulation 600-8-22 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. Examples of enemy-related injuries, which clearly justify award of the Purple Heart are injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy-placed mine or trap; and concussion injuries caused as a result of enemy-generated explosions. Examples of injuries or wounds, which clearly do not justify award of the Purple Heart are frostbite or trench foot injuries, battle fatigue, accidental wounding not related to or caused by enemy action, and PTSD. DISCUSSION: 1. In order to support award of the Purple Heart, there must be evidence to show the wound was a result of enemy action, that the wound required medical treatment by a medical officer, and that the medical treatment was made a matter of official record. 2. The applicant's military record does not contain any medical treatment records or other documents confirming he received a wound as a result of enemy action. 3. The applicant provides evidence showing he received a service-connected rating from the VA with an evaluation of 10 percent for tinnitus. The VA granted service connection for tinnitus even though the condition was not shown in his treatment records. The VA examination showed an opinion that his current tinnitus was at least as likely as not caused by or was the result of noise exposure in the military. The VA did not state the applicant's tinnitus was specifically caused by combat. 4. In addition, the applicant claims PTSD, diabetes, and ischemic heart disease as basis for award of the Purple Heart. The Purple Heart is not awarded for these medical conditions. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160008090 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160008090 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2