BOARD DATE: 17 May 2018 DOCKET NUMBER: AR20160010663 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: 17 May 2018 DOCKET NUMBER: AR20160010663 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: 17 May 2018 DOCKET NUMBER: AR20160010663 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 the Purple Heart (PH). 2. The applicant states he was provided a PH and it is not recorded on his DD Form 214. He was wounded in June or July 1969 when a rocket-propelled grenade (RPG) came up through the bottom of a helicopter. It sprayed the inside of the helicopter, hitting his right side and eye with metal. The pilot landed the helicopter, and two more rounds came in and hit them. Another helicopter picked them up, and they were brought straight to a hospital. 3. The applicant provides a statement that is listed in paragraph 3 above and a letter from the National Personnel Records Center, St. Louis, MO, dated 15 March 2016. 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 inducted into the Army of the United States on 18 July 1967 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. He served in Vietnam from on or about 17 August 1968 to 5 July 1969. He was assigned as follows: * Student Americal Combat Center, 23rd Administration Company Replacement Detachment, from 20 to 28 August 1968 * Company B, 3rd Battalion, 21st Infantry, 196th Infantry Brigade, from 29 August 1968 to 5 July 1969, in MOS 11B, performing duty as a squad leader 4. On 8 July 1969, he was honorably released from active duty in the rank/grade of staff sergeant/E-6 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. 5. His DD Form 214 does not show award of the PH. 6. His service medical records are not available for review with this case. 7. There is nothing in the following typical sources that shows he was wounded or injured as a result of hostile action. a. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury. b. His personnel records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound sustained in action. c. His name is not shown on the Vietnam casualty listing. This is a listing of Vietnam era casualties commonly used to verify entitlement to award of the PH. 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 any orders for the PH pertaining to the applicant. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the PH is awarded for a wound sustained while 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 the PH require the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, that the injury/wound required medical treatment by medical personnel, and that the medical treatment was made a matter of official record. 2. The available records do not contain documentary evidence confirming the applicant’s claim that he was wounded as a result of hostile action during his service in Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160010663 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010663 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2