IN THE CASE OF: BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150008587 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: 31 March 2016 DOCKET NUMBER: AR20150008587 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: 31 March 2016 DOCKET NUMBER: AR20150008587 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 (Report of Separation from Active Duty) to show a second award of the Purple Heart. 2. The applicant states, in effect, he should have received a second award of the Purple Heart for an incident that occurred in the middle of October 1968. 3. The applicant provides a statement from C___ J. K___, Jr. 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 enlisted in the Regular Army on 23 June 1967. 3. He served in Vietnam from 24 July 1968 through 23 July 1969. He was assigned to Company A, 1st Battalion, 61st Infantry Regiment, 1st Brigade, 5th Infantry Division. 4. Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), General Orders Number 25, dated 25 September 1968, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 21 September 1968. 5. His DA Form 20 (Enlisted Qualification Record) shows in: * item 40 (Wounds) – fragment wound lower back, 22 September 1968 * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Purple Heart * Army Commendation Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 6. On 13 August 1970, he was honorably discharged. His DD Form 214, as amended by the Department of Defense Discharge Review Program (Special), shows he was awarded or authorized the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Army Commendation Medal * Purple Heart * Bronze Star Medal * Vietnam Service Medal with one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars 7. He provided a letter from C___ J. K___, Jr., dated 9 March 2009, who states: a.  He was serving with the applicant in Vietnam in October 1968. The applicant had shrapnel removed from his back; however, he does not remember the date. b.  He recalls the applicant complaining for several days that his back hurt and the shrapnel was festering. He and two other Soldiers could no longer take the applicant's complaints and they removed several pieces of shrapnel from his lower back. It took about 15 to 20 minutes and they sterilized the area and put a bandage on his back. The applicant later thanked them for removing what shrapnel they could. 8. On 26 April 2004, he was issued a DD Form 215 (Correction to DD Form 214) adding award of the Combat Infantryman Badge. 9. His name is shown on the on the Vietnam casualty roster, a listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Vietnam and indicates whether the condition was battle or non-battle related. The roster only shows he was listed as a casualty on 21 September 1968. 10. His records are void of any evidence he was wounded by hostile action or he received treatment by medical personnel for such a wound in October 1968. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 military medical personnel, and the medical treatment must have been made a matter of official record. 2. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20. This regulation further stated the date the wound or injury occurred would also be entered in item 40. DISCUSSION: 1. Award of the Purple Heart requires evidence to verify: * the wound was the result of hostile action * treatment of the wound by medical personnel * documentation of the wound in official records 2. Although he provided a statement from a former Soldier who served with him in Vietnam, his records are void of evidence he sustained a wound in October 1968 as the result of hostile action which required treatment by medical personnel and 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) AR20150008587 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008587 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2