BOARD DATE: 15 June 2017 DOCKET NUMBER: AR20160001914 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: 15 June 2017 DOCKET NUMBER: AR20160001914 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: 15 June 2017 DOCKET NUMBER: AR20160001914 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 states he was wounded in Vietnam, but he turned down the Purple Heart. He has post-traumatic stress disorder (PTSD) and was not in any condition to turn down the medal. He was diagnosed by the Department of Veterans Affairs (VA) as suffering from PTSD in 2015. 3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DA Form 20 (Enlisted Qualification Record). 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's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review. 3. The applicant enlisted in the Regular Army on 24 July 1968. He completed training and was awarded military occupational specialty 76P (Stock Control and Accounting Specialist). 4. His DA Form 20 shows: * promotion to specialist five/E-5 on 23 October 1969 * service in Vietnam from 11 May 1969 through 15 March 1970 * assignment in Vietnam to the 452nd General Supply Company from 17 May to 18 July 1969 and to the 490th General Supply Company from 19 July 1969 to 28 January 1970 * assignment to the 249th General Hospital, Japan, in a patient status from 29 January to 5 March 1970 * participation credit for three Vietnam campaigns * no entries in block 40 (Wounds) * he was awarded or authorized the – * National Defense Service Medal * Vietnam Service Medal * Unidentified Marksmanship Qualification Badge with Rifle Bar (M-14) 5. The applicant was honorably released from active duty on 23 July 1971 with 3 years of creditable active service and no lost time. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 6. A review of the Vietnam Casualty List failed to show the applicant's name. 7. On 10 March 2016, the Army Review Boards Agency Case Management Division contacted the applicant in writing, requesting submission of evidence of his wounding and diagnosis of PTSD. He failed to respond to this request. REFERENCES: Army Regulation 600-8-22 (Military Awards) states 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 that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. DISCUSSION: The applicant's available records contain no documentation to support his contention that he received a wound or injury as the result of hostile action. Without a record of treatment for a wound sustained as a result of enemy action, entitlement to award of the Purple Heart cannot be established. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001914 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001914 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2