ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 January 2019 DOCKET NUMBER: AR20170015610 APPLICANT REQUESTS: The applicant requests he be awarded the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Two requests for records * Excerpt of instructions for obtaining a Purple Heart * Self-authored statement with three photos * Department Of Veterans Affairs (VA) eBenefits Dashboard * Partial copy, DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he would like to have the Purple Heart he earned in Vietnam before he passes away. 3. The applicant was inducted in the Army of the United States on 5 March 1968, he was awarded military occupational specialty (MOS) 11E (Armor Crewman) and was released from Active duty on 25 November 1969. His last duty assignment and Major Command shows 1st U.S. Army Medical Hold Company, U.S. Ireland Army Hospital. He was honorably discharged having served 1 year, 8 months, and 21 days of net active service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Sharpshooter Badge (Rifle) 4. His record is void of orders or other documents that show he was wounded or injured as a result of combat or his period of service and unit of assignment in the Republic of Vietnam; however, his record does provide: a. A Report of Medical History dated 18 November 1969, shows the purpose of the examination was expiration term of service (ETS) – Early Out and contains a stamp by the Surgeon, "CONSIDERED IN PROFILE, AUG 19 1971." b. A Statement of Medical Condition dated 25 November 1969 that indicates he was a medical holdover. 5. During the processing of this case, a member of the staff reviewed the Department of the Army Vietnam casualty roster. There is no entry pertaining to the applicant in this list of RVN casualties. 6. A review of the U.S. Army Human Resources Command Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders issued awarding the applicant the Purple Heart during the Vietnam Era between 1965 and 1973. 7. The applicant provides a self-authored letter, it states, he was a veteran of the Vietnam War from November 1968 to November 1969. He was wounded in fire support Wood 2 (30 miles outside of ChuChi, which is about 30 miles from Saigon). His right hand was crushed when loading a 105 Howitzer in a fire fight. He was temporarily patched up then five days later sent to base camp. He was put in a cast then sent back out to the field. He has been dealing with the pain and limitations of this injury and receiving disability since 1972. He is 80 percent disabled from the injury and was supposed to receive a Purple Heart. He has attempted to obtain his military records for years and has been consistently blocked and unable to get them. He provides: * Two documents requesting a copy of his personnel records * An excerpt of instructions that provide information for obtaining a Purple Heart * Three pictures of a service member standing and showing their hand(s) * A VA eBenefits Dashboard listing medical issues that are service and not service connected with a partial view of effective dates. He point out "residual fracture, 2nd metacarpal, right (dominant) hand, 10 percent service connected," and points it out as an error indicating is should read "fractured phalangeal-2nd Right Hand. 8. The available records are void of orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat and his name is not included on the Vietnam Casualty Roster or in ADCARS. Army Regulation 600-8-22 (Military Awards) states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and that medical treatment was made a matter of official record. BOARD DISCUSSION: The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance. The available records do not show the applicant has been awarded the Purple Heart. There is no record of his being wounded or injured as a result of combat or that any such wound required treatment by medical personnel, and that treatment was made a matter of official record. Further, the applicant is not included on the Vietnam Casualty Roster or in ADCARS. Therefore the Board is unable to grant the applicant’s request for the Purple Heart. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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; and 2. Provide the applicant a copy of his personnel records as a result of his contention regarding a multitude of attempts to receive them to no avail. ___________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. ADMINISTRATIVE NOTE(S): NA REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH. It states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and that medical treatment was made a matter of official record. ABCMR Record of Proceedings (cont) AR20170015610 3 1