IN THE CASE OF: . BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150012033 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: 30 August 2016 DOCKET NUMBER: AR20150012033 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: 30 August 2016 DOCKET NUMBER: AR20150012033 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 he was wounded when hit by a large piece of shrapnel in the lower right side of his back and a second time in the back of his head while serving in Vietnam in 1968. He states he does not know if the award was recorded or if the recommendation was lost due to his battalion, the 227th Assault Helicopter Battalion, being in disarray because it was destroyed. He should have received the medal 47 years ago. He is currently in receipt of a 100 percent disability evaluation from the Department of Veterans Affairs (VA). 3. The applicant provides no additional supporting evidence. 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's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review. 3. The applicant served on active duty from 25 October 1966 through 15 October 1968. 4. His DA Form 20 (Enlisted Qualification Record) provides the following: * advancement to specialist 4 (E-4) * service in Vietnam from 7 January 1968 through 12 October 1968 * service with Headquarters and Headquarters Company, 227th Aviation Battalion, 1st Cavalry Regiment * award of the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Marksman Marksmanship Qualification Badge with Rifle Bar * item 40, wounds, is blank 5. The applicant's DD Form 214 lists the applicant's awards as the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, and the Army Commendation Medal. 6. A review of the Vietnam Casualty List failed to locate any reference to the applicant. 7. 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 United States 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 provides that the Purple Heart is awarded to an individual who is wounded in action or as a result of enemy action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, or while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. DISCUSSION: 1. The applicant's service medical records and VA disability evaluation are not available for ABCMR board members review and he has provided no medical evidence to support his contention he was wounded while serving in Vietnam. 2. Without a record of treatment for a wound sustained as the result of enemy action, entitlement to the Purple Heart cannot be established. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012033 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012033 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2