IN THE CASE OF: BOARD DATE: 21 January 2016 DOCKET NUMBER: AR20150007788 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. He states: a. He was injured in Vietnam on or about March 1970. He was sent to assist in the recovery of a downed helicopter. As he was working on the helicopter to determine its airworthiness, he came under enemy fire and was hit in the head and knocked off the top of the helicopter where he had been working on the mast. He fell about 20 feet to the ground, and landed on his head. He sustained injuries to his head, right shoulder, jaw, neck, lower back, and knees. b. He was taken to the hospital in Saigon, Vietnam, where he was treated and returned to his unit. He is still being treated for some of the injuries that he sustained during the incident. He does not have access to the records from the hospital where he was treated. 3. The applicant provides: * a self-authored statement * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 12 October 1963 * DD Form 214, dated 13 November 1966 * DD Form 214, dated 12 November 1972 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 26 October 1960, the applicant enlisted in the Regular Army. 3. His DA Form 20 (Enlisted Qualification Record) shows no entry in item 40 (Wounds). 4. His DA Form 2-1 (Personnel Qualification Record) shows in: * item 5 (Oversea Service) – he was credited with service in Vietnam from 12 October 1964 through 12 October 1965 and 23 June 1969 through 13 June 1970 * item 9 (Awards, Decorations & Campaigns) – no entry for the Purple Heart * item 35 (Record of Assignments) – on 27 June 1969, while serving in Vietnam (June 1969 – June 1970) he was assigned to principal duty as military occupational specialty (MOS) 67W (Aircraft Quality Control Supervisor) with the 25th Aviation Company 5. There is no evidence in his military records that indicates he was treated for a combat-related wound. 6. On 31 May 1990, he was retired for length of service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show that he was awarded the Purple Heart. 7. Review of the Vietnam casualty listing compiled by The Adjutant General's Office, Casualty Division, does not show the applicant's name listed as a casualty. 8. Army Regulation 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. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical officer, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that he sustained injuries to his head, right shoulder, jaw, neck, lower back and knees, in March 1970 during his assignment in the Republic of Vietnam. However, his service record is void of medical documentation which confirms he was injured or received medical treatment. 2. His service record is void of evidence which indicates he sustained an injury as the result of hostile action. His name is not listed on the Vietnam casualty roster. 3. By regulation, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded as a result of enemy action, the wound required treatment by medical personnel, and the treatment must have been made a matter of official record. 5. In the absence of evidence that shows he was wounded or injured as a result of hostile action and the treatment was made a matter of official record, there is an insufficient basis upon which to award 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) AR20140000432 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007788 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1