BOARD DATE: 9 March 2017 DOCKET NUMBER: AR20150015806 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: 9 March 2017 DOCKET NUMBER: AR20150015806 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: 9 March 2017 DOCKET NUMBER: AR20150015806 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 on or about 5 November 1967 and he was hospitalized for 17 days in Vietnam for a broken jaw and shrapnel in various places. He is in need of medical care and realized that he never actually received the Purple Heart. He earned it and he would like to have it. 3. The applicant provides: * various service medical and dental records * National Personnel Records Center memorandum, dated 23 September 2014 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. On 28 June 1966, the applicant was inducted into the Army of the United States and he served as a radio and relay carrier attendant. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) – he was credited with service in Vietnam from 3 October 1967 to 20 June 1968 * item 40 (Wounds) – no entry indicating he was wounded as a result of hostile action * item 41 (Awards and Decorations) – no entry for the Purple Heart 4. On 20 June 1968, he was honorably released from active duty. 5. His records are void of documentation showing he was wounded as the result of combat. 6. A review of his record failed to reveal orders awarding him the Purple Heart and his name does not appear on the Vietnam casualty roster. 7. His military personnel record contains and the applicant provides: a. Standard Form (SF) 502 (Clinical Record-Narrative Summary), which shows that the applicant underwent an operation to repair a fracture to his left mandible (jawbone). This injury was sustained when the applicant fell into a ditch striking his jaw. He was hospitalized for 17 days and discharged on 22 November 1967. b. SF 88 (Report of Medical Examination) and SF89 (Report of Medical History), completed on 14 February 1966 as part of his entrance processing. c. SF 88 and SF 89 completed on 20 June 1968 in conjunction with his separation processing. The applicant reported a history of broken bones a physician's note identifies as a fractured left arm in 1961. d. Dental Records which list no abnormalities. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while 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: 1. The criteria for the Purple Heart require the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, that the injury/wound required medical treatment by medical personnel, and that the medical treatment was made a matter of official record. The applicant contends that his jaw injury was the result of hostile action; however, the evidence shows he sustained this injury when he fell into a ditch. The evidence does not corroborate his claim to have received injuries from shrapnel. 2. The available evidence does not show that he was wounded or injured as a result of enemy action. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015806 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015806 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2