BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150009443 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 BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150009443 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. BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150009443 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 (PH). 2. The applicant states: a. He believes his left shoulder was injured in January 1971 following an exchange of fire with the enemy in Vietnam. b. He went to see the medic after his shoulder became very painful and he was diagnosed with bursitis and tendonitis. c. He believes he was misdiagnosed at the time because his shoulder continues to bother him. d. In December 2011, a magnetic resonance imaging (MRI) detected a piece of metal embedded in the ball of his left shoulder bone. His doctor believes it is a fragmented bullet because of the force needed to penetrate the muscle and tendons. 3. The applicant provides: * self-authored statement * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * State of New York Division of Veterans' Affairs Statement * Massena Memorial Hospital, Medical Imaging Medical Document * Progress Note * Standard Form 519 (Clinical Record – Radiographic Reports) * Standard Form 513 (Clinical Record – Consultation Sheet) * Standard Form 600 (Health Record – Chronological Record of Medical Care) 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 and entered active duty on 19 January 1970. He was trained in and served in military occupational specialty 67N (UH-1 Helicopter Mechanic). 3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 11 July 1970 to 22 August 1971. Item 40 (Wounds) contains no entries. 4. On 23 August 1971, he was honorably released from active duty after completing 1 year, 7 months, and 5 days of creditable active service. His DD Form 214 does not include the PH among the listed awards. 5. There are no documents in the applicant's records to show he was ever awarded the PH. Additionally, there are no documents to show he was ever wounded as a result of enemy action or medically treated for a combat-related wound. 6. The Department of the Army Vietnam casualty roster contains no entries pertaining to the applicant. 7. The applicant provided the following medical records in support of his request: a. The results of an MRI prepared by the Medical Imaging-Massena Memorial Hospital, dated 27 December 2011. These results show "there appears to be some mild metallic susceptibility artifact at the greater tubercle of the humeral head/insertion at the distal supraspinatus tendon. b. A Progress Note, dated 25 January 2012, that indicates "he had an MRI done which shows possible metal fragment as well as a possible tear of rotator cuff. Pt [patient] is now referred to Orthopedics. Pt has never had prior surgery and most likely this is related to his issues that occurred back in Vietnam." c. Medical records prepared during his military service that documents the treatment he received for left shoulder pain. These documents do not show he was ever wounded by the enemy or that he sustained any combat-related wound during his military service. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH. In order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record. DISCUSSION: 1. The applicant contends he should be awarded the PH. There is insufficient evidence to support this claim. 2. There is no available evidence showing he suffered a combat wound as a result of enemy action. Item 40 of his DA Form 20 is blank. His name is not included on the Vietnam casualty roster, the official list of Vietnam battle casualties. Absent evidence to corroborate that he was wounded as a result of enemy action and that he was treated for those wounds by military medical personnel while serving in Vietnam, the evidence of record and the supporting documents provided by the applicant are insufficient. The regulatory burden of proof necessary to support award of the PH has not been satisfied in this case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009443 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009443 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2