IN THE CASE OF: BOARD DATE: 9 February 2017 DOCKET NUMBER: AR20150015210 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: 9 February 2017 DOCKET NUMBER: AR20150015210 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: 9 February 2017 DOCKET NUMBER: AR20150015210 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. He states a troop transport vehicle overturned and ejected him and everyone riding in the vehicle. He was treated at Long Binh Hospital and released. He adds that the time of the accident, he declined the award of the Purple Heart so a telegram would not be sent to his mother. 3. He provides a Bronze Star Medal (BSM) Certificate, dated 29 June 1971. 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 5 December 1968. He served in the Republic of Vietnam (RVN) from 5 June 1969 to 7 July 1971. He was honorably released from active duty on 8 July 1971. 3. His DD Form 214 does not show award of the Purple Heart. His name is not shown on the Vietnam casualty roster. 4. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not contain an entry. There is no documentation in the available record showing he sustained wounds or was treated for wounds incurred as a result of hostile action. 5. The applicant provides a certificate, dated 29 June 1971, showing he was awarded him the BSM for meritorious achievement against hostile forces from July 1970 to June 1971 in the RVN. This certificate or orders for the BSM are not contained in his military personnel file. Additionally, the BSM is not listed on his DD Form 214. 6. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders showing he was awarded the Purple Heart. REFERENCES: 1. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Purple Heart was awarded to any member of the Armed Forces of the United States who was wounded in action against an armed enemy of the United States or as a direct result of an act of such enemy provided the wound necessitated treatment by a medical officer. For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy. 2. Army Regulation 600-8-22 (Military Awards), currently in effect, states 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. DISCUSSION: The available records contain no evidence showing the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam. The criteria for the Purple Heart require substantiating evidence verifying that a wound was the result of hostile action, that the wound required treatment by medical personnel, and that the medical treatment was made a matter of official record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015210 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015210 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2