BOARD DATE: 23 February 2017 DOCKET NUMBER: AR20160000529 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: 23 February 2017 DOCKET NUMBER: AR20160000529 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: 23 February 2017 DOCKET NUMBER: AR20160000529 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's sister, speaking on the applicant's behalf, states, in effect, that he should have a Purple Heart because he suffered a broken foot in Vietnam. 3. The applicant provides a letter from his sister, Ms. KCS, and a copy of a medical claim form. 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 26 October 1965. He completed his initial entry training and was awarded military occupational specialty (MOS) 13B (Field Artillery Crewman). 3. The applicant served in the Republic of Vietnam from on or about 28 May 1966 through 8 May 1967. During this period, he was assigned to Battery C, 2nd Battalion, 35th Artillery Regiment. 4. The applicant was honorably released from active duty on 25 October 1967 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 2 years of total active service, including 11 months and 11 days of foreign service. His DD Form 214 does not show he was awarded the Purple Heart. 5. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. Item 40 (Wounds), no entry that indicates he suffered any recorded wounds that required treatment or were made part of the official record. b. Item 41 (Awards and Decorations), no entry that indicates he was awarded the Purple Heart. 6. The applicant's available 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 forces during his service in the Republic of Vietnam. 7. The applicant's name does not appear on the Vietnam casualty roster. 8. The applicant provides: a. A letter from his sister, Ms. KCS, who states, in effect, her brother might be due a Purple Heart. He sustained a broken foot while in Vietnam on 18 March 1967. He told her he went to the 12th Evacuation Hospital and he was told to get out before the hospital was blown up. b. The medical claim form does not show the name of the applicant, a form number, or date. However, the form shows the following: "Broke foot while in Vietnam loading ammunition 18 March 1967." 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. DISCUSSION: 1. The applicant provides a statement from his sister, wherein she states her brother might be due a Purple Heart for a broken foot he received in Vietnam. The sister states the applicant received the injury on 18 March 1967. 2. The applicant's record does not contain evidence that shows he was wounded or injured during his service in 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. 4. The available evidence does not show the applicant incurred injuries as a result of hostile action requiring medical treatment. //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) AR20160000529 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2