BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160000542 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: 16 May 2017 DOCKET NUMBER: AR20160000542 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: 16 May 2017 DOCKET NUMBER: AR20160000542 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 the award of the Purple Heart. 2. The applicant states, in effect, while serving in Vietnam, he substantially injured his left thumb with a machete while clearing "a field of fire for [his] machine gun." He still has deformities due to this injury. He feels he should have been awarded the Purple Heart for this injury because it was incurred while he was in combat. He did not learn he might be eligible until years later when told so by his Veterans Services Officer. 3. The applicant provides: * DA Form 20 (Enlisted Qualification Record) * DA Form 8-275-1 (Clinical Record Cover Sheet), dated 21 August 1969 * two Standard Forms (SF) 502 (Clinical Record - Narrative Summary), dated 16 June 1969 and 12 May 1969, respectively * two DA Forms 3349 (Medical Condition - Physical Profile Record), one undated, and the other dated 18 August 1969 * SF 519 (Radiographic Reports), dated 22 May 1969 * SF 539 (Clinical Record - Abbreviated Clinical Record), undated * SF 511 (Clinical Record - Temperature - Pulse - Respiration), dated May 1969 * SF 504 (Clinical Record - History - Part 1), undated * SF 505 (Clinical Record - History - Part 2 and 3), undated * SF 506 (Clinical Record - Physical Examination), undated * SF 509 (Clinical Record - Doctor's Progress Notes), dated between May and June 1969 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 10 June 1970 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 11 June 1968. He held military occupational specialty 11B (Light Weapons Infantryman). 3. He served in Vietnam from 10 November 1968 through 21 May 1969. 4. His available service record includes his DA Form 20, which shows he was in a "patient" status from on, or about, 30 April to on, or about, 21 September 1969. His record is otherwise void of any indication he was awarded the Purple Heart, and item 40 (Wounds) on his DA Form 20 is blank. 5. He was honorably released from active duty on 10 June 1970. His DD Form 214 shows he completed 2 years of net active creditable service. He was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge (1st Award) * Expert Marksmanship Qualification Badge with Rifle Bar 6. The Vietnam casualty roster is a listing of Vietnam-era casualties commonly used to verify entitlement to award of the Purple Heart. The applicant is not listed on this roster. 7. A 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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant. 8. The applicant provides military medical documents that essentially affirm, on, or about, 22 April 1969, while in Vietnam, he accidently injured his hand while "cutting his way through brush with a machete." REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. 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 medical treatment, and the medical treatment must have been made a matter of official record. All three of these prerequisites must be met in order for a Soldier to receive to this award. DISCUSSION: 1. For the Purple Heart to be awarded, the preponderance of the evidence must clearly show a wound existed, that it was treated and recorded at the time by medical personnel, and that it directly resulted from hostile action. 2. The evidence clearly shows he was involved in a combat operation and, during that operation, he cut his hand so severely he required medical evacuation; he received follow-on treatment lasting for months. Both the evidence of record and the evidence submitted by the applicant fail to confirm his injury was the direct result of enemy action. Rather, the injury occurred while he was cutting brush to clear "a field of fire for [his] machine gun." //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000542 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000542 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2