BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160012568 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: 16 May 2018 DOCKET NUMBER: AR20160012568 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: 16 May 2018 DOCKET NUMBER: AR20160012568 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 records to show award of the Purple Heart. 2. The applicant states: a.  The officer could see the wound on his head when he was awarded the Bronze Star Medal with "V" Device in the field. The officer talked to him about it the day it happened. The officer asked his E-4 to go to the helicopter to get a Purple Heart and when he returned, the officer pinned the medal on him. The officer instructed the E-4 to complete the paperwork once he was back on base. b.  The bullet went through his helmet and he has a scar. c.  He served 1 year of hell in Vietnam. He did what he could to stay alive and to keep his squad alive. He was told it would be better to take his uniform off when he arrived home and stepped off the plane. d.  He requested copies of his orders and he was told there were no orders for his award of the Purple Heart, but he has the medal that was pinned on him. 3. The applicant provides: * self-authored letter, dated 12 February 1968 * Canastota-Bee Journal article, dated 4 April 1968 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 6 December 1966. 3. He served in Vietnam during the period 16 June 1967 through 12 June 1968 and he participated in three campaigns. He was assigned to Company A, 2d Battalion, 1st Infantry Regiment, 196th Light Infantry Brigade, during the period 24 August 1967 through 11 June 1968. 4. He provided a copy of letter he wrote to his wife, dated 12 February 1968, wherein he described capturing a North Vietnamese soldier and the story of the event was going to be published in his hometown newspaper. 5. Headquarters, Americal Division, General Orders Number 1459, dated 21 March 1968, awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 9 February 1968. His citation for this award states he was knocked temporarily unconscious by a round which struck his helmet and, upon regaining consciousness, he quickly recovered his weapon and continued his accurate suppressive fire. 6. He provided an article from the Canastota-Bee Journal, dated 4 April 1968, that states he was awarded the Bronze Star Medal for valor and he received two awards of the Purple Heart, one for wounds and another during a gas attack. 7. His DA Form 20 (Enlisted Qualification Record) shows in: * item 40 (Wounds) – no entry * item 41 (Awards and Decorations) – * National Defense Service Medal * Republic of Vietnam campaign Medal with Device (1960) * Vietnam Service Medal * Combat Infantryman Badge * Bronze Star Medal with "V" Device * Bronze Star Medal with 1st Oak Leaf Cluster * two overseas service bars * Army Good Conduct Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 8. On 5 December 1968, he was honorably released from active duty. His DD Form 214 shows he completed 2 years of net service during this period and he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge (1st Award) * Bronze Star Medal with "V" Device and 1st Oak Leaf Cluster * one overseas service bar * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Army Good Conduct Medal (1st Award) 9. His records are void of any evidence showing he was treated for an injury sustained in action against an enemy or as a result of hostile action. 10. His name is not shown the Office of the Adjutant General Casualty Reference Name Listing, a listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Vietnam and indicating whether the condition was battle or non-battle related. 11. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Awards and Decorations Branch, failed to reveal orders for award of the Purple Heart to the applicant. 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 documented in the service member's medical and/or health 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 600-200 (Enlisted Personnel Management System), in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20. The date the wound or injury occurred would also be entered in item 40. DISCUSSION: 1. The applicant contends he was awarded the Purple Heart. 2. Award of the Purple Heart requires evidence to verify: * the wound or injury was the result of hostile action * treatment of the wound or injury by a medical officer * documentation of the wound or injury in official records 3. Although his citation for award of the Bronze Star Medal with "V" Device states he was temporarily knocked unconscious, his records are void of evidence showing he required medical treatment for a wound or injury sustained in action against an enemy or as a result of hostile action. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012568 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012568 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2