BOARD DATE: 3 November 2016 DOCKET NUMBER: AR20150014104 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: 3 November 2016 DOCKET NUMBER: AR20150014104 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: 3 November 2016 DOCKET NUMBER: AR20150014104 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 sustained an injury to his right arm from "scrape metal," which was considered in the line of duty. He also suffered additional damage to his left leg during another attack. He served our country with honor. He was injured by enemy action and he should be recognized for his service and injuries. 3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 11 September 1968 and he held military occupational specialty 11B (Light Weapons Infantryman). 3. He served in Vietnam from 15 May 1969 to on or about 19 April 1970. He was assigned to Company D, 3rd Battalion, 8th Infantry, 4th Infantry Division. 4. He was honorably released from active duty on 19 April 1970. His DD Form 214 does not show the Purple Heart. 5. There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart. Nothing in several typical sources shows he was wounded or injured as a result of hostile action: * item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury * nowhere in his available service medical treatment records does it show he was treated for an injury caused by hostile/enemy action * his name is not shown on the Vietnam casualty roster * review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders showing he was awarded the Purple Heart * there are no general orders in his records for award of the Purple Heart * his records do not contain a Western Union Telegram informing his next of kin of an injury/wound or any Army Adjutant General correspondence regarding an injury REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides that 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. a. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * injury caused by enemy bullet, shrapnel, or other projectile created by enemy action * injury caused by enemy-placed trap or mine * injury caused by enemy-released chemical, biological, or nuclear agent * injury caused by vehicle or aircraft accident resulting from enemy fire * concussion injuries caused as a result of enemy-generated explosions * mild traumatic brain injury or concussion severe enough to cause either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident b. Examples of injuries or wounds which clearly do not justify award of the PH are as follows: * frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951) * trench foot or immersion foot; heat stroke; battle fatigue * food poisoning not caused by enemy agents * chemical, biological, or nuclear agents not released by the enemy * disease not directly caused by enemy agents * accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action * self-inflicted wounds, except when in the heat of battle and not involving gross negligence * post-traumatic stress disorders * airborne (for example, parachute/jump) injuries not caused by enemy action * hearing loss and tinnitus (for example, ringing in the ears) * mild traumatic brain injury or concussions that do not either result in loss of consciousness or restriction from full duty for a period greater than 48 hours due to persistent signs, symptoms, or physical finding of impaired brain function * abrasions and lacerations (unless of a severity to be incapacitating) * bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) * soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth), first degree burns 2. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. DISCUSSION: 1. The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record. 2. Aside from his statement, there is no evidence he sustained an injury or evidence showing what caused any injury he may have sustained. His service record is void of any documentary evidence that shows he was wounded or injured as a result of hostile action. His medical records are available for review with this case but do not reflect an injury (as a result of hostile action) or treatment. His name is not listed on the Vietnam casualty listing. There is nothing in multiple typical sources that confirms he was wounded as a result of hostile action or that he required treatment by medical personnel. 3. The available evidence does not conclusively show he was wounded or injured as a result of enemy action and treated for those wounds by medical personnel. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014104 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014104 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2