IN THE CASE OF: BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150010940 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: 14 April 2016 DOCKET NUMBER: AR20150010940 BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. Nevertheless, this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms _____________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: 14 April 2016 DOCKET NUMBER: AR20150010940 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: a. On 26 January 1958 (i.e. 1968), while serving in the 604th Transportation Company, Vietnam, the base came under mortar and/or rocket attack at 0230. He was on guard duty near the hangar and runway and a mortar landed near the flight line close to the platoon shop vans. He received shrapnel wounds to his right forearm and wrist. After the alert, he went to main post to be treated. b. There were two small pieces of shrapnel which were removed and a few minor lacerations. His forearm was cleaned and bandaged and he immediately returned to his unit. Two other individuals were also wounded at the same time, EH and GDJ. When he informed his sergeant, he was told he would put him in for a Purple Heart. He left the unit and the Army at the end of February 1968 and never received or heard anything about the Purple Heart. c. He is a 100-percent disabled veteran so the award is only for his historical record and peace of mind. He believed he deserved this Purple Heart and, until he had recent contact with GDJ, he was unaware that GDJ also had not been given this medal because the company commander put in a damage report and not an injury report. There were many other individuals from other units who were at the medical station being treated and some had injuries much more severe than his injury. He now realizes there was a lot of confusion at the time because this was the beginning of the Tet Offensive. 3. The applicant provides a statement of support, two pages of unit history, and four photographs. 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 8 March 1966. He served in Vietnam from 21 April 1967 to 27 February 1968 while assigned to the 604th Transportation Company. 3. He was honorably released from active duty on 28 February 1968 and he was transferred to the U.S. Army Reserve. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued does not show the Purple Heart and his record is void of orders awarding him the Purple Heart. 4. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not contain an entry to indicate he was wounded in action and item 41 (Awards and Decorations) does not show the Purple Heart. 5. The applicant’s name does not appear on the Vietnam casualty roster. Neither do the names of GDJ or EH. 6. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973, maintained by the Military Awards Branch of the U.S. Army Human Resources Command failed to reveal orders awarding the applicant the Purple Heart. 7. The applicant provides: a. Two photographs, dated 1968, that presumably show the applicant with a bandage wrapped around his right wrist and hand. b. A printout, dated 11 May 2015, stating, in part, that a 52nd Combat Aviation Battalion (CAB) After Action Report (AAR) stated that on 26 January 1968, Camp Holloway, Vietnam, came under attack for about 50 minutes when sappers concentrated on the 88th Service and Support area. The mortars concentrated along the aircraft revetments adjacent to the runway in the 604th Transportation Company area. c. A second printout, dated 11 May 2015, references an attack that took place on 6 January 1968 at Camp Holloway, Vietnam. d. Two photographs, dated 14 May 2015, that appear to show shrapnel. e. A statement of support, dated 15 May 2015, wherein GDJ stated he was present during an attack that took place on 26 January 1968 at the 604th Transportation Company, Vietnam. He witnessed that the applicant was wounded during the attack; he was also wounded during the attack as was another Soldier name EH. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and enemy or as a result of hostile action. Substantiating evidence must be provided to verify that 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 criteria for award of the Purple Heart requires the submission of substantiating evidence to verify a Soldier received a wound/injury as a result of hostile action, the wound/injury required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 2. Notwithstanding the applicant’s sincerity, his records are void of any evidence and he did not provide any evidence that shows he was wounded or injured as a result of hostile action. Although, he may have injured his wrist and hand while in Vietnam, there is no evidence that shows this injury was caused by hostile action or that any medical treatment was made a matter of official record. 3. His name is not listed on the Vietnam casualty roster and his DA Form 20 does not indicate he received a combat-related wound. In the absence of conclusive evidence that shows he was wounded as a result of hostile action and treated for those wounds, regrettably, he does not meet the criteria for 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) AR20150010940 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010940 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2