IN THE CASE OF: BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160001680 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: 10 October 2017 DOCKET NUMBER: AR20160001680 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: 10 October 2017 DOCKET NUMBER: AR20160001680 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 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Purple Heart. 2. The applicant states he would like to have the Purple Heart added. He was recognized in 2015 for a Combat Infantryman Badge that had been omitted from his record. 3. The applicant provides a DA Form 3349 (Medical Condition – Physical Profile Record) dated 6 January 1968 and a VA Form 21-4138 (Statement in Support of Claim) dated 29 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. Following prior service in the Regular Army, the applicant reenlisted in the Regular Army on 4 February 1966. He retained his military occupational specialty of 11B (Light Weapons Infantryman). 3. The applicant's records contain a DA Form 20 (Enlisted Qualification Record), which shows in: a. item 31 (Foreign Service), he served in the Republic of Vietnam from on or about 30 September 1967 through on or about 28 September 1968; b. item 38 (Record of Assignments), he served with Company D, 4th Battalion, 31st Infantry Regiment, 196th Infantry Brigade, during his period of service in Vietnam; c. item 40 (Wounds), the absence of an entry that indicates he was wounded in action; and d. item 41 (Awards and Decorations), the absence of an entry that indicates he was awarded the Purple Heart. 4. The applicant was honorably discharged on 23 November 1968. 5. The applicant's DD Form 214 was administratively reissued on 17 March 2015 following an ABCMR decision related to his previous application for correction of his DD Form 214 to show he was awarded the Combat Infantryman Badge. Neither his original DD Form 214 nor his reissued DD Form 214 shows 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 action during his service in Vietnam. 7. A review of the Vietnam casualty roster, compiled by the Adjutant General's Office Casualty Division, does not list the applicant's name as a casualty. 8. The applicant provides a Medical Condition – Physical Profile Record, dated 6 January 1968, which indicates he sustained bilateral high frequency sensorineural hearing loss. 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 (not merely examination) by a medical officer, and the medical treatment must have been made a matter of official 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 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. 2. Army Regulation 600-8-22 defines a wound 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 by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * injuries caused by enemy bullet, shrapnel, or other projectile created by enemy action * injuries caused by enemy placed mine or trap * injuries caused by enemy released chemical, biological, or nuclear agent * injuries caused by vehicle or aircraft accident resulting from enemy fire * concussion injuries caused as a result of enemy generated explosions DISCUSSION: 1. The governing Army regulation provides that in order to be awarded the Purple Heart, a wound must have resulted from hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 2. The applicant's record does not contain any evidence that shows he was wounded as a result of hostile action during his period of service in Vietnam. His name does not appear on the Vietnam casualty roster and there is no record he was previously awarded 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) AR20160001680 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001680 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2