IN THE CASE OF: BOARD DATE: 12 April 2016 DOCKET NUMBER: AR20150008659 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: 12 April 2016 DOCKET NUMBER: AR20150008659 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: 12 April 2016 DOCKET NUMBER: AR20150008659 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: a. He was hit with a grenade that left shrapnel in the lower parts of both of his legs and his right elbow causing an ulnar fracture. b. He has included his initial Department of Veterans Affairs (VA) rating and Veterans Health Administration records with a statement of the incident. 3. The applicant provides: * VA Veterans Benefits Award, dated 16 October 1970 * VA medical records 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 17 June 1968. He served as a cook in Vietnam from 1 July 1969 to 11 April 1970. He was assigned as a patient at the Medical Holding Company, 249th General Hospital, Camp Drake, Japan, from 12 April 1970 until he was transferred to the Medical Holding Detachment, Great Lakes Naval Hospital, Naval Station Great Lakes, IL, on 20 April 1970. 3. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank and item 41 (Awards and Decorations) does not show the Purple Heart as an authorized award. 4. On 10 June 1970, he was honorably released from active duty. His DD Form 214 does not show the Purple Heart as an authorized award. 5. There are no orders for the Purple Heart in the available records. 6. His name is not listed on the Vietnam casualty roster. 7. He provided a letter from the VA, dated 16 October 1970, showing he was granted service-connected compensation beginning 11 June 1970 for: * fracture of right ulna at right elbow (20 percent) * right leg with retained foreign body (0 percent) * left leg with retained foreign body (0 percent) 8. He also provided VA progress notes, dated 20 September 2007, stating there are multiple metallic foreign bodies in his right elbow/forearm consistent with shrapnel and describing his medical history (subjective complaints) as: * he sustained a combat injury while serving in Vietnam * he sustained a shrapnel injury to his right upper extremity at a firebase near Chu Lai * he was evacuated to Japan where he underwent wound debridement and reduction of a proximal ulnar fracture * he was transferred stateside to Naval Station Great Lakes, IL, for convalescence/physical therapy * his tour of duty ended at that time REFERENCES: 1. 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. 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. The instructions further stated the date the wound or injury occurred would also be entered in item 40. DISCUSSION: 1. The applicant contends he was hit by a grenade in Vietnam and sustained shrapnel wounds to his right elbow and both legs. 2. His military records show he was a patient and received medical treatment for an unspecified condition incurred during his service in Vietnam; however, his name does not appear on the Vietnam casualty roster and item 40 of his DA Form 20 is blank. 3. There is no evidence of record confirming his wounds were the result of hostile action. 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, the VA documentation he provided is not sufficient as a basis for awarding him the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008659 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2