BOARD DATE: 25 February 2016 DOCKET NUMBER: AR20150008187 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) show the Purple Heart. 2. The applicant states that no paperwork was ever submitted about him being wounded in action. 3. The applicant provides: * military orders * a self-authored statement * Honorable Discharge Certificate * Personnel Jump Suspense Card * Army Board for Correction of Military Records (ABCMR) Docket AR20110017431 * Primary Care Clinical Notes, for the period 28 July to 4 September 2014 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 30 September 1968, the applicant enlisted in the Regular Army and he served as a light weapons infantryman and a combat engineer. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) – he was credited with service in Thailand from 8 November 1970 to 21 September 1971 * item 40 (Wounds) – no entry indicating he was wounded as a result of hostile action * item 41 (Awards and Decorations) – no entry for the Purple Heart 4. On 17 September 1971, he underwent a Separation Physical and indicated that he was in good health. He made no mention of having suffered a gunshot wound or any other type injury to his left leg. 5. On 22 September 1971, he was honorably released from active duty. 6. His service medical records are not available for review and there is no documentation in the available record showing he was wounded as the result of combat. 7. A review of his record failed to reveal orders awarding him the Purple Heart and his name does not appear on the Vietnam casualty roster. 8. The applicant provides his: a. self-authored statement recounting the circumstances surrounding his injury. He contends that in April 1971, he was deployed with his American counterpart, two interpreters, and a special guerilla unit, to an “area of significant Communist presence and terrorist activity.” Their mission was to train the special guerilla unit in ambush, combat demolitions, and combat firefight techniques. The enemy engaged them during the night using search and fire techniques; however, it was not until the next morning that they engaged the enemy with small arms fire causing them to retreat. He further contends that during the night he sustained a bullet wound to the back side of his lower left leg. There were no medical supplies available so he and the interpreter dug the AK-47 round out of his leg and they treated the wound with plant leaves until they returned to their base camp several days later. At that time he had the medic look at the wound and he was told it was healing nicely. As Detachment A-15 was, by the Army, considered to be an isolated site, paperwork was sporadic at best. b. post service medical records showing he complained of and was treated for right shoulder and left ankle pain. During his assessments the applicant reported that while serving in an isolated area in Vietnam he sustained a gunshot wound to his left leg during an adversarial combat situation. No notes were collected in the field about his injuries and a medic simply cared for his injury and he went back into combat. 10. 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 personnel, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record. Other than his statement, the applicant's service record is void of any evidence that shows he was wounded or injured as a result of combat. 2. Notwithstanding his contention and sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds and that treatment for those wounds was made a matter of record, he does not meet the criteria for award of 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) AR20150008187 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008187 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1