ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 October 2020 DOCKET NUMBER: AR20200002207 APPLICANT REQUESTS: In effect, correction of his military records to show he was involved in a friendly fire incident and award of any awards and decorations associated with a friendly fire incident. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Continuation sheet to DD Form 149 * Statement in support of claim * Support letter from FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he was involved in a friendly fire incident while on a base camp outer perimeter combat mission. At the time of the incident his company commander told him, that he would investigate the friendly fire incident. His company commander did absolutely nothing but cover up the incident. 3. The applicant provides: a. Statement in support of claim from the applicant’s primary care provider stating events from a gunshot to the helmet which was confiscated by the Army; also he states the psychological trauma the applicant has incurred from this incident b. Support letter from a Veteran stationed with the applicant and saw the helmet that was shot off of his head; he explains the helmet and bullet hole in the helmet 4. A review of the applicant’s service records shows: a. He enlisted in the Regular Army on 23 December 1966. He held military occupational specialty 76Y (Unit and Organization Supply Specialist). b. He served Vietnam from 22 June 1968 until 15 July 1969. He was assigned to Headquarters and Headquarters Company, 1st Battalion, 12th Infantry, 4th Infantry Division. c. He was honorably released from active duty 15 July 1969. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge (M-14) * Vietnam Service Medal * Vietnam Campaign Medal * 2 Overseas Service Bars * Good Conduct Medal (1st Award) 5. Nothing in several typical sources show he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: (1) His name is not shown on the Vietnam casualty listing. This is a listing of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart. (2) His personnel records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound sustained in action. This was the proper notification procedure for injuries at the time. (3) 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, failed to reveal any orders for the Purple Heart pertaining to the applicant. (4) His medical records are not available for review with this case and no contemporaneous medical records exist to support an injury (as a result of hostile action) or treatment for such injury. 5. By regulation (AR 600-8-22), To be awarded 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the available documentation, the Board concluded there was insufficient evidence of any involvement in a friendly fire incident. Additionally, even if there were, the Board concluded that incident involving friendly fire incidents wouldn’t result in any type of award for the applicant, unless there was evidence the applicant’s command submitted him for an award and it was approved. Without such evidence, the Board concluded there was insufficient evidence of an error or injustice which would warrant a change to the applicant’s record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION 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. 11/5/2020 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. REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 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. Paragraph 2-8b(8) states: After 7 December 1941, pursuant to 10 USC 1129, as a result of friendly fire provided the member was killed or wounded in action by friendly weapon fire while directly engaged in armed conflict, other than the result of an act of an enemy of the United States, unless (in the case of a wound) the wound is the result of the willful misconduct of the member. 3. Title 10. U.S. Code, section 1129, Purple Heart, members killed or wounded in action by friendly fire. After 7 December 1941, pursuant to 10 USC 1129, the Purple Heart may be awarded as a result of friendly fire provided the member was killed or wounded in action by friendly weapon fire while directly engaged in armed conflict, other than the result of an act of an enemy of the United States, unless (in the case of a wound) the wound is the result of the willful misconduct of the member. a. For purposes of the award of the Purple Heart, the Secretary concerned shall treat a member of the armed forces described in subsection (b) in the same manner as a member who is killed or wounded in action as the result of an act of an enemy of the United States. b. A member described in this subsection is a member who is killed or wounded in action by weapon fire while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States, unless (in the case of a wound) the wound is the result of willful misconduct of the member. c. This section applies to members of the armed forces who are killed or wounded on or after December 7, 1941. In the case of a member killed or wounded as described in subsection (b) on or after December 7, 1941, and before November 30, 1993, the Secretary concerned shall award the Purple Heart under subsection (a) in each case which is known to the Secretary before such date or for which an application is made to the Secretary in such manner as the Secretary requires. //NOTHING FOLLOWS//