IN THE CASE OF: BOARD DATE: 12 April 2016 DOCKET NUMBER: AR20150009637 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: AR20150009637 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: AR20150009637 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. The applicant states: * for 40 years he has wondered why he was never awarded a Purple Heart for having been shot while performing his duty as a military policeman * he served in the 300th Military Police Company, 18th Military Police Brigade, in Long Bình, Vietnam 3. The applicant provides: * Headquarters, 18th Military Police Brigade, General Orders Number 84, dated 6 March 1972 * Army Commendation Medal Certificate, dated 6 March 1972 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * photograph of a man, presumably the applicant, in what appears to be a hospital bed receiving an Army award 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 1 March 1971. He served in Vietnam from 27 July 1971 through 25 March 1972. He held military occupational specialty 95B (Military Police) and was assigned to both the 300th Military Police Company and Headquarters and Headquarters Detachment, 18th Military Police Brigade. 3. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains no entries. 4. There are no orders in his records awarding him the Purple Heart. There is no medical evidence in his records and he did not provide any showing he was wounded as a result of hostile action or otherwise wounded or injured while serving in Vietnam. 5. He was honorably released from active duty on 31 March 1972. He completed 1 year and 1 month of total active service. His DD Form 214 does not show award of the Purple Heart. 6. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Purple Heart pertaining to the applicant. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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. DISCUSSION: 1. The applicant’s request for award of the Purple Heart was carefully considered. 2. There is no evidence of record showing he sustained a wound as a result of hostile action which required treatment by medical personnel and that the treatment was made a matter of official record which would render him eligible for award of the PH. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009637 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009637 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2