IN THE CASE OF: BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160008708 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: 6 June 2018 DOCKET NUMBER: AR20160008708 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: 6 June 2018 DOCKET NUMBER: AR20160008708 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 should be awarded the Purple Heart due to a wound he sustained while serving in Vietnam. 3. The applicant provides his DD Form 214 and a support letter from the pilot in command of the helicopter on which he served as a door gunner. 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 drafted into the Army of the United States on 7 September 1966 and he held military occupational specialty 11B (Light Weapons Infantryman). He served in Vietnam from 17 March 1967 to 11 March 1968. He was assigned to: * Headquarters and Headquarters Detachment, 13th Combat Aviation Battalion, from 22 March 1967 to 19 May 1967 * 175th Aviation Company from 20 May 1967 to 6 March 1968. 3. He was honorably released from active duty on 6 September 1968. His DD Form 214 shows he completed 2 years of active service. The DD Form 214 does not show he was awarded the Purple Heart. 4. There is no evidence 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 DA Form 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. 5. He provided a letter from an individual who he states he was the pilot in command on 1 February 1968 when the applicant was shot in his right leg by enemy ground forces. He did not know the applicant was wounded until they landed to rearm and refuel an hour or so later. The applicant went to an aid station where a doctor removed the bullet from his leg, and he returned in time to take off on their next mission. REFERENCES: 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. DISCUSSION: 1. The criteria for an award of the Purple Heart require the submission of substantiating evidence to verify the injury/wound was the result of hostile action and that the injury/wound required treatment by medical personnel. The medical treatment must have been made a matter of official record. 2. In this case, the applicant provided his DD Form 214 and a letter of support. The letter of support describes an incident in which the applicant was wounded. There are no official records corroborating the statement. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160008708 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160008708 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2