IN THE CASE OF: BOARD DATE: 23 February 2016 DOCKET NUMBER: AR20150007505 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. 2. The applicant states: * he suffered an injury to his left-hand ring finger while serving in Vietnam * he suffered this injury as the result of sniper fire while he was empting water from a truck * he jumped from the top of the truck and his hand got stuck on the side of the vehicle * he is submitting the medical record showing the injury and treatment * according to the Federal Benefits for Veterans, Dependents, and Survivors publication, he qualifies for award of the Purple Heart under an "instrument of war" * his unit did not give him a Purple Heart 3. The applicant provides: * a service medical record, dated 1967 * DD Form 214 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 25 October 1966. He served as a helicopter mechanic in Vietnam from 1 February 1968 to on or about 15 October 1968. 3. He provided a service medical record, dated 15 June 1968, showing his finger was examined and treated at the medical station. However, this record does not show his finger injury was the result of hostile action in Vietnam. 4. Item 40 (Wounds) of his DA Form 20 is blank. 5. Item 41 (Awards and Decorations) of his DA Form 20 does not show the Purple Heart as an authorized award. 6. His Standard Form 88 (Report of Medical Examination), dated 18 October 1968, shows he underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam. Item 35 (Upper Extremities) of this form shows he was rated normal. 7. On 18 October 1968, he was honorably released from active duty. 8. His DD Form 214 does not show the Purple Heart as an authorized award. 9. There are no orders for the Purple Heart in his available records. 10. His name is not listed on the Vietnam casualty roster. 11. Army Regulation 600-8-22 (Military Awards) provides that 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. 12. The U.S. Army Human Resources Command Adjutant General Directorate defines an "instrumentality of war" as a vehicle, vessel, or device (e.g., combat vehicles, weapons, Agent Orange) designated primarily for military service and intended for use in such service at the time of the occurrence or injury. It may include such instrumentalities not designated primarily for military service if use of or occurrence involving such instrumentality subjects the individual to a hazard peculiar to military service. Such use or occurrence differs from the use or occurrence under similar circumstances in civilian pursuits. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he injured his left-hand ring finger while serving in Vietnam and he qualifies for award of the Purple Heart under the definition for "instrumentality of war." He claims he suffered his injury when he jumped from the top of a truck during sniper fire while he was empting water and his hand got stuck on the side of the vehicle. There is no evidence showing the use of the truck to haul water was peculiar to military service and meets the definition for "instrumentality of war." 2. The evidence of record shows he underwent a separation physical examination on 18 October 1968 which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam. His upper extremities were rated normal. 3. His name does not appear on the Vietnam casualty roster. 4. Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart. The Purple Heart requires evidence to verify the wound was the result of hostile action, treatment of the wound by military medical personnel, and documentation of the wound in official records. 5. In the absence of corroborating evidence showing he was injured and treated for wounds sustained as a result of hostile action in Vietnam or by an instrumentality of war, the service medical record noting treatment of an injury of unidentified origin is not sufficient as a 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 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) AR20150007505 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007505 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1