BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20160001517 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: 13 June 2017 DOCKET NUMBER: AR20160001517 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: 13 June 2017 DOCKET NUMBER: AR20160001517 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 show award of the Purple Heart. 2. The applicant states the Purple Heart was issued during the time he was hospitalized for his injuries. It was not shown on his DD Form 214 at the time of discharge. He discovered the error when he applied for healthcare. 3. The applicant provides his DD Form 214 and a certificate for award of the Purple Heart. 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 12 February 1969 and he held military occupational specialty 11B (Light Weapons Infantryman). He served in Vietnam from 8 July 1969 to 6 July 1970. He was assigned to: * Company B, 1st Battalion, 8th Infantry, 4th Infantry Division, from 19 July 1969 to 25 March 1970 * Company D, 1st Battalion, 14th Infantry, 4th Infantry Division, from 26 March 1970 to 3 July 1970 3. He was honorably released from active duty in the rank/grade of sergeant/E-5 on 11 February 1971. His DD Form 214 shows he completed 2 years of active service. It also shows he was awarded or authorized the: * National Defense Service Medal * Air Medal * Combat Infantryman Badge * Vietnam Service Medal with two bronze service stars * Army Commendation Medal * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation 4. He provided a Purple Heart Certificate, dated 16 March 1970, that shows he was awarded the Purple Heart for wounds received in action. The certificate is signed by a medical officer at the 7th Field Hospital in Vietnam. It does not indicate the date of the injury and there are no accompanying orders. 5. There is no evidence of record in several typical sources that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: a. Item 40 (Wounds) of his multiple DA Forms 20 (Enlisted Qualification Record) does not show a combat wound or injury and item 41 (Awards and Decorations) of this form does not list the Purple Heart as an authorized award. b. His name is not shown on the Vietnam casualty roster, a compilation of most of those who were wounded in Vietnam, that is commonly used to verify eligibility for the Purple Heart. c. His records do not contain an official Army notification or a Western Union telegram notifying his next of kin of an injury. This was a normal notification procedure during the Vietnam War. d. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders showing he was awarded the Purple Heart. e. His medical records are not available for review with this case. REFERENCES 1. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or 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. a. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions. b. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action. 2. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. 3. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by personnel, and the medical treatment must have been made a matter of official record. 2. In this case, the applicant provided a Purple Heart Certificate, dated 16 March 1970, that shows he was awarded the Purple Heart for wounds received in action. The certificate is signed by a medical officer at the 7th Field Hospital in Vietnam. It does not indicate the date of the injury and there are no accompanying orders. 3. The absence of orders necessitates at the review of other sources or evidence to support a combat injury. The available evidence of record does not show the criteria for award of the Purple Heart has been met for the following reasons: * his name is not shown on the Vietnam casualty roster * his DA Form 20 does not show he was wounded in action * his medical records are not available for review with this case * his service records are void of orders that show he was awarded the Purple Heart * his records are also void of official Army correspondence or Western Union telegrams * there is no conclusive evidence in his service personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds 4. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR will decide cases on the evidence of record; it is not an investigative body. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001517 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001517 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2