IN THE CASE OF: BOARD DATE: 5 November 2015 DOCKET NUMBER: AR20150004444 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 correction of his military records to show he was awarded the Purple Heart for an injury he received while serving in the Republic of Vietnam (RVN). 2. The applicant states he lost his left ring finger during a combat mission in the RVN. He contends that his commander told him he would receive the Purple Heart. 3. The applicant provides copies of a Standard Form (SF) 89 (Report of Medical History), dated 7 July 1970. 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 20 November 1967, the applicant was inducted into the Army of the United States and he was discharged on 27 November 1967 for immediate enlistment. While still in a trainee status on 28 November 1967, he enlisted in the Regular Army. He was trained as a radio repairman and he was subsequently assigned to the 604th Combat Support Maintenance Company located at Fort Eustis, Virginia. 3. On 12 August 1969 the applicant departed Fort Eustis with his company for duty in the RVN. He performed duty as a field radio repairman. 4. On 21 September 1969 the applicant was a patient in the Medical Holding Company, 106th General Hospital, Camp Zama, Japan. On 29 October 1969, he was assigned to the transition detachment in Japan and then sent to Fort Riley, Kansas. 5. On 7 July 1970 the applicant underwent a physical examination for the purpose of separation from the military. a. An SF 89 dated 7 July 1970, as provided by the applicant and filed in his official military personnel file, states his finger was cut off on 30 August 1969 in the RVN when he caught it on the side railing while jumping from a 2 ½ ton truck. b. An SF 88 (Report of Medical Examination) dated 7 July 1970, reports he lost his left ring finger while in the RVN, but does not discuss the circumstances. 6. On 27 November 1970 the applicant was released from active duty and transferred to the U. S. Army Reserve Control Group Reinforcement. His DD Form 214 indicates he was awarded the: * National Defense Service Medal * Vietnam Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 7. The applicant's DA Form 20 (Enlisted Qualification Record) shows: a. in Item 38 (Record of Assignments) – Patient on 21 September 1969; b. in Item 40 (Wounds): No entry; and c. in Item 41 (Awards and Decorations) – The same awards that are listed on his DD Form 214. 8. The applicant’s name is not listed on the Vietnam Casualty Roster. 9. The applicant’s service medical records are not available for review. 10. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders for the Purple Heart or other awards pertaining to the applicant. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command. 11. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and enemy or as a result of hostile action. 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 AND CONCLUSIONS: 1. The applicant contends his military records should be corrected to show award of the Purple Heart based on an injury he sustained while in the RVN. 2. There are no available general orders awarding the applicant the Purple Heart. The Vietnam Casualty Roster does not contain the applicant's name. The applicant's DA Form 20 does not indicate he received any wounds while in action. 3. The applicant claims that he was on a combat mission at the time he was injured. However, he does not provide any corroborating evidence showing that his injury was the direct result of enemy action. 4. In view of the above, there is an insufficient basis for awarding him the Purple Heart. BOARD VOTE: ________ ________ ________ 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 that 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. ABCMR Record of Proceedings (cont) AR20110020295 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004444 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1