BOARD DATE: 16 June 2016 DOCKET NUMBER: AR20150011831 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: 16 June 2016 DOCKET NUMBER: AR20150011831 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: 16 June 2016 DOCKET NUMBER: AR20150011831 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 the Purple Heart and issuance of the certificate. 2. The applicant states he sustained a shrapnel wound to the left shoulder and was awarded the Purple Heart. His DD Form 214 does not show this award and he wants it corrected. He also wants a Purple Heart certificate issued to him. 3. The applicant provides a copy of an alleged photograph of himself. 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 the cases 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. 2. The applicant was inducted into the Army of the United States on 6 December 1965 and he held military occupational specialty 11B (Light Weapons Infantryman). He served in Vietnam from 3 May 1966 through 7 May 1967. 3. His records contain a Standard Form 89 (Report of Medical History) showing he underwent a medical examination on 25 October 1967, for his expiration of term of service; he did not indicate on the form that he had sustained any injuries/wounds during his period of service. 4. He was released from active duty on 6 December 1967 and was transferred to the U.S. Army Reserve. He was credited with completing 2 years of net active service. His DD Form 214 lists the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Combat Infantryman Badge. 5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains no entry to show he was wounded in action during his period of service in Vietnam. Item 41 (Awards and Decorations) of this form does not list the Purple Heart. 6. His record does not show he was authorized or awarded the Purple Heart during his period of service in Vietnam. 7. His name is not listed on the Vietnam casualty roster. 8. On 6 February and 21 September 1978, the Reserve Components Personnel and Administration Center, advised him that no official record existed showing he was wounded in action for award of the Purple Heart. 9. He provided a copy of an alleged photograph of himself in which he stated it showed him being pinned with the Purple Heart medal. 10. 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) provides the Army’s awards policy. Paragraph 2-8 contains guidance on award of the Purple Heart. It states in order to support award of the Purple Heart there must be evidence confirming the wound for which the awards is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of this treatment must have made a matter of official record. When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award. DISCUSSION: 1. There is no evidence of record and he did not provide sufficient evidence showing he sustained a wound/injury as a result of hostile action, received treatment, and that treatment was made a matter of official record for award of the Purple Heart during his period of service in Vietnam. Additionally, items 40 and 41 of his DA Form 20 do not show he sustained a wound/injury or list the Purple Heart. Further, his name is not listed on the Vietnam casualty roster and a review of ADCARS did not reveal any orders awarding him the Purple Heart. 2. By regulation, to be awarded the Purple Heart it is necessary to established that a Soldier was wounded or injured in action. There must be evidence confirming the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record. 3. Notwithstanding his contentions and his sincerity, in the absence of evidence, the regulatory burden of proof necessary to support correction of his DD Form 214 to show the Purple Heart and the issuance of its certificate 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) AR20150011831 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011831 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2