IN THE CASE OF: BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20150006737 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: 5 April 2016 DOCKET NUMBER: AR20150006737 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: 5 April 2016 DOCKET NUMBER: AR20150006737 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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the award. 2. The applicant states a review of his service-connected disabilities will show he is entitled to the Purple Heart for a wound he received in Vietnam. a. He was injured in Vietnam when the jeep he was driving hit a mortar or rocket hole and flipped over. He received a puncture wound to his right arm. b. Even after surgery 32 years later the injury still bothers him. He completed physical therapy on 15 August 2013 and his right bicep and scar tissue were very tender. 3. The applicant provides a copy of the results of diagnosis and treatment he received at Texas Physical Therapy Specialists, Austin, Texas, from 13 July 2013 to 8 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. The applicant was inducted on 7 July 1969. He held military occupational specialty 76X (Subsistence Storage Specialist). 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 14 September 1970 through 25 June 1971. a. Item 41 (Awards and Decorations) shows no listing for the Purple Heart. b. Item 40 (Wounds) shows no entry. 4. The applicant was released from active duty on 1 July 1971 as a specialist four/E-4. He had completed 1 year, 11 months, and 25 days of active service. His DD Form 214 does not list the Purple Heart. 5. His records contain a copy of a Standard Form 88 (Report of Physical Examination) conducted on 1 July 1971 in conjunction with his separation. There is no indication on the form he received any wound. An entry in item 73 (Notes and Significant or Interval History) shows the statement "I am in Good Health." 6. The applicant provided a copy of the results of diagnosis and treatment he received at Texas Physical Therapy Specialists from 13 July 2013 to 8 August 2013. The report shows he was seen and treated for RACJ (right acromioclavicular joint dysfunction) (pain in right shoulder) and right biceps tendinosis. a. In his initial evaluation the Mechanism of Injury is listed as "War injury wound in 70's. b. A Daily Note of his 31 July 2013 visit lists the Mechanism of Injury as "War injury (gunshot wound through biceps) in 70's." 7. A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty. 8. A review of the Awards and Decorations Computer-Assisted Retrieval System, a partial compilation of general orders issued during the Vietnam era maintained by the Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders pertaining to the applicant. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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 available evidence does not support award of the Purple Heart. The applicant provided copies of the results of his visits to physical therapy for pain in his right shoulder. The "Mechanism of injury is listed as "War injury (gunshot wound through biceps) in 70's." 2. There is no available evidence to substantiate that the wound was a result of hostile action, the wound required treatment by medical personnel, and the treatment was made a matter of official record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150006737 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150006737 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2