IN THE CASE OF: BOARD DATE: 4 April 2017 DOCKET NUMBER: AR20150017161 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: 4 April 2017 DOCKET NUMBER: AR20150017161 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: 4 April 2017 DOCKET NUMBER: AR20150017161 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: * His medical records do not indicate that was wounded in Vietnam * He was treated by a medic and released to duty * He sustained a shrapnel wound in his left thigh but he was not given the Purple Heart, which he feels he deserves 3. The applicant provides no additional documents. 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 22 December 1965. 3. His DA Form 20 (Enlisted Qualification Record) shows the following information: a. Item 31 (Foreign Service) – he served in Vietnam from 8 October 1966 to 7 November 1967. b. Item 38 (Record of Assignments) – he was assigned to duty in Vietnam with Battery C, 7th Howitzer Battalion, 13th Artillery, from 28 October 1966 to 4 November 1967. c. Item 40 (Wounds) – no entry indicating he sustained wounds in action. d. Item 41 (Awards and Decorations) – no entry for the Purple Heart. 4. His service record does not contain orders awarding him the Purple Heart and the Vietnam casualty roster does not list his name. This roster is a listing of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart. 5. The Army honorably released him from active duty on 8 November 1967 and transferred him to the U.S. Army Reserve (USAR) Control Group (Annual Training). The DD Form 214 issued for this period does not show the Purple Heart. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 applicant contends he sustained a shrapnel wound in his left thigh However, his service record is void of medical documentation confirming he was injured as a result of hostile action, he was treated by medical personnel, and the treatment was made a matter of record. 2. By regulation, in order to be awarded the Purple Heart, it is necessary to establish that a Soldier was wounded because of enemy action, the wound required treatment by medical personnel, and the 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) AR20150017161 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017161 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2