BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20150011591 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: 28 June 2016 DOCKET NUMBER: AR20150011591 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: 28 June 2016 DOCKET NUMBER: AR20150011591 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 he sustained an injury in Vietnam; the injury occurred in the line of duty. He believes he should receive the Purple Heart for injuries sustained in battle. 3. The applicant provides a 1-page copy of a treatment record. 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 7 December 1965. 3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam for the periods 25 June 1966 to 19 June 1967 and 3 March to 22 November 1968. Item 40 (Wounds) is blank and item 41 (Awards and Decorations) does not show award of the Purple Heart. 4. The applicant provides a 1-page copy of a treatment record, which shows, on 16 August 1968, the applicant received treatment for a burn to his left forearm he received approximately 2 days prior. The burn resulted in some blistering. Medical personnel cleaned and dressed the burn and later changed the dressing on 19 August 1968. This record does not indicate whether he received this injury as a result of hostile enemy action. 5. The Army honorably released him from active duty as an overseas returnee on 1 December 1968. His DD Form 214 lists the following awards: * National Defense Service Medal * Army Good Conduct Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M16) * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * 2 Overseas Service Bars 6. The applicant's official military personnel file (OMPF) does not contain any evidence to show he received wounds or treatment for wounds he received as a result of enemy action. Additionally, his OMPF does not contain orders awarding him the Purple Heart. 7. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster. The applicant's name is not included on this roster. 8. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 any orders for the Purple Heart pertaining to the applicant. REFERENCES: Army Regulation 600-8-22 (Military Awards), paragraph 2-8 states the Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under the authority with any of the U.S. Armed Services, have been wounded, were killed, or who have died or may hereafter die of wounds received as a result of hostile enemy action. The wound, injury, or death must have been the result of hostile enemy action; the wound or injury must have required treatment, not merely examination, by a medical officer or a medical professional, provided a medical officer include a statement in the service member's medical record that wounds would have required treatment by a medical officer if one had been available. Additionally, treatment of the wound will be documented in the service member's medical and/or health record. DISCUSSION: 1. In order to support award of the Purple Heart, there must be evidence to show the wound was a result of enemy action, the wound required medical treatment by a medical officer, and that the medical treatment was made a matter of official record. 2. While the burn sustained by the applicant appears to have been in the line of duty, in this case, there is no evidence in the applicant's military record to support that he sustained this injury as the result of hostile action. Additionally, his OMPF is void of any orders awarding him the Purple Heart and his name is not included on the Vietnam casualty listing, the official Department of the Army list of Republic of Vietnam battle casualties. 3. The applicant's service in the Republic of Vietnam and his sincerity are not in question. However, his military record does not contain any documentation confirming he was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the Republic of Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011591 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011591 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2