IN THE CASE OF: BOARD DATE: 10 April 2018 DOCKET NUMBER: AR20160012719 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: 10 April 2018 DOCKET NUMBER: AR20160012719 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: 10 April 2018 DOCKET NUMBER: AR20160012719 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, in effect, correction of his record to show entitlement to the Purple Heart. 2. The applicant states: a. In November 1970, while assigned to the 149th Maintenance Company, 5th Maintenance Battalion, Phu Bai, Republic of Vietnam, a Soldier opened fire with a .50 caliber rifle. Unfortunately, the applicant was standing about 2 feet from the right of the weapon. After he finished firing, the left side of the applicant's face was hurting and his left ear was ringing and bleeding. He was subsequently taken to the medical clinic and examined by a physician who stated he may have a perforated ear drum. The applicant had to place cotton in his left ear and wear ear muffs for a week. To this day he claims ringing and hearing loss in his left ear. b. Upon his retirement in 1988, he requested his medical records; however, the records from 1968 through 1978 were missing. He believes a fire may have conveniently destroyed the evidence of his medical treatment. 3. The applicant provides: * 3 photographs * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel 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 enlisted in the Regular Army on 25 October 1968. 3. Evidence shows he served in the Republic of Vietnam for the period 11 May 1970 through 10 April 1971 with the 149th Maintenance Company. 4. The applicant reenlisted multiple times and he retired honorably on 31 October 1988. None of the DD Forms 214 present in his Official Military Personnel File show award of the Purple Heart. 5. A review of his records did not yield general orders awarding him the Purple Heart. Additionally: a. Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 does not show award of the Purple Heart. b. His name is not shown on the Vietnam casualty roster as having sustained an injury as a result of hostile action. c. 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, failed to reveal any Purple Heart orders for him. 6. The applicant provides photographs of a tower, a round, and presumably a photograph of him standing along a barbed wire fence. REFERENCES: Army Regulation 600-8-22 (Military Awards), paragraph 2-8, states the Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under the authority with any of the U.S. Armed Services, have been wounded, were killed, or who have died or may hereafter die of wounds received as a result of hostile enemy action. The wound, injury, or death must have been the result of hostile enemy action, the wound or injury must have required treatment, not merely examination, by a medical officer or a medical professional, provided a medical officer include a statement in the service member's medical record that the wounds would have required treatment by a medical officer if one had been available. Additionally, treatment of the wound will be documented in the service member's medical and/or health record. DISCUSSION: 1. The Purple Heart differs from all other decorations in that an individual is not "recommended" for this decoration; rather, the individual is entitled to it upon meeting specific criteria. Award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record. 2. In this case, the applicant's name is not shown on the Vietnam Casualty Roster, his medical records are not available for review, and his service record is void of orders that show he was awarded the Purple Heart. There is no conclusive evidence in his service personnel record that shows he was wounded or injured as a result of hostile action or treated for such wounds. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012719 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012719 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2