IN THE CASE OF: BOARD DATE: 20 April 2017 DOCKET NUMBER: AR20150017292 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: 20 April 2017 DOCKET NUMBER: AR20150017292 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: 20 April 2017 DOCKET NUMBER: AR20150017292 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Purple Heart. 2. The applicant states, after visiting his Department of Veterans Affairs (VA) counselor it came to his attention that his DD Form 214 does not list his Purple Heart. 3. The applicant provides a copy of his DD Form 214 and a printout from a VA system - Rating Information, dated 27 October 2015. 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 31 January 1969. 3. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. Items 31 (Foreign Service) and 38 (Record of Assignments) show he was assigned to Vietnam from 28 February 1970 to 25 December 1970. b. Item 38 does not contain any entries to indicate he was ever hospitalized or placed in a patient status during the period of his military service. c. Item 40 (Wounds) does not contain any entries. d. Item 41 (Awards and Decorations) does not list the Purple Heart. 4. His record does not contain a Western Union Telegram stating or a letter to his family stating that he sustained any wounds while serving in Vietnam. 5. His record does not contain, nor did the applicant provide, any military medical records showing he was wounded in Vietnam as a result of hostile enemy action. 6. His record does not contain orders awarding him the Purple Heart. 7. The Applicant's name is not on the Vietnam casualty listing compiled by The Adjutant General's Office, Casualty Division. 8. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant. 9. The applicant was honorably released from active duty on 29 December 1970. His DD Form 214 does not list the Purple Heart. 10. He provided a printout from a VA system, dated 27 October 2015, which shows the applicant has a service-connected disability rating for multiple shell fragment wounds to the left forearm and left thigh. The rating was effective 30 December 1970. The available records do not show the basis for this rating. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to members of the Armed Forces of the United States who, are wounded, killed, or who have died or may hereafter die of wounds as the result of an act of any hostile enemy force. While clearly an individual decoration, the Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration, rather, he or she is entitled to it upon meeting specific criteria. Each approved award of the Purple Heart must exhibit all of the following factors: wound, injury, or death must have been the result of hostile action and the wound or injury must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound must be documented in the Servicemember’s medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the Servicemember’s medical record that the extent of the wounds were such that they would have required treatment by a medical officer if one had been available. DISCUSSION: 1. The VA information the applicant provided shows he sustained multiple shell fragment wounds to the left forearm and left thigh. While it appears he has received a service connected disability rating for these injuries, the available records do not show the cause of the injuries. 2. Army Regulation 600-8-22 specifically states that each approved award of the Purple Heart requires that the wounds sustained were the result of hostile enemy action, the wound must have required treatment by a medical officer, and the treatment of the wound must be documented in the member’s medical record. However, there is no evidence showing he met the criteria for award of the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017292 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017292 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2