BOARD DATE: 4 May 2017 DOCKET NUMBER: AR20150017268 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: 4 May 2017 DOCKET NUMBER: AR20150017268 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: 4 May 2017 DOCKET NUMBER: AR20150017268 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 request, in effect, award of the Purple Heart. 2. The applicant states, in effect, he needs it for an upgrade of his Department of Veterans Affairs (VA) benefits. 3. The applicant provides copies of: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 26 March 1971 * DA Form 20 (Enlisted Qualification Record) * DD Form 47 (Record of Induction) * VA Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative) * Military Order of the Purple Heart (MOPH) letter, dated 26 March 2012 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 DD Form 47 shows he was inducted into the Army of the United States on 14 August 1969. He completed his initial entry training and was awarded military occupational specialty (MOS) 36C (Lineman). 3. The applicant's DA Form 20 shows he served in the Republic of Vietnam from on or about 8 February 1970 through on or about 26 March 1971. a. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank. b. Item 41 (Awards and Decorations) shows no entry indicating he was awarded the Purple Heart. 4. The applicant was honorably released from active duty on 26 March 1971 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). His DD Form 214 shows he completed 1 year, 7 months, and 13 days of total active service, including 1 year, 1 month and 18 days of foreign service. His DD Form 214 does not show he was awarded the Purple Heart. 5. The applicant's record does not contain orders for the Purple Heart, nor does it contain any documentation that indicates he was treated for wounds or injuries he sustained as a result of hostile action during his service in the Republic of Vietnam. The applicant's name does not appear on the Vietnam casualty roster. 6. The applicant provides: a. A VA Form 21-22, which shows he authorized the release of his medical information to the MOPH. b. A letter from the MOPH, dated 26 March 2012, which shows the MOPH requested a medical opinion from the VA in reference to the applicant's bilateral shoulder, bilateral hip, and right knee conditions. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound or wounds sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided that verifies the wound resulted from hostile action, required treatment by medical personnel, and that treatment was made a matter of official record. a. A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above. A physical lesion is not required. However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound will be documented in the Service member’s medical and/or health record. Award of the PH may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the Service member’s medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. b. When contemplating an award of the PH, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award. c. Examples of enemy-related injuries which clearly justify award of the PH include injury caused by vehicle or aircraft accident resulting from enemy fire. d. Examples of injuries or wounds which clearly do not justify award of the PH are accidents, to include explosive, aircraft, vehicle, and other accidental wounding not related to or caused by enemy action. DISCUSSION: 1. The applicant's request for award of the Purple Heart was carefully considered. He contends the Purple Heart is needed for an upgrade of his VA benefits. 2. The applicant's record does not contain evidence that shows he was wounded or injured by hostile forces during his service in the Republic of Vietnam. Similarly, the Vietnam casualty roster does not indicate he was wounded/injured. 3. The governing Army regulation provides that in order to be awarded the Purple Heart, a wound must be as a result of a hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been 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) AR20150014846 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017268 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2