BOARD DATE: 20 March 2018 DOCKET NUMBER: AR20160012965 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: 20 March 2018 DOCKET NUMBER: AR20160012965 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: 20 March 2018 DOCKET NUMBER: AR20160012965 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, the stepson of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart. 2. The applicant states the FSM was shot in the foot while serving in the Republic of Vietnam. 3. The applicant provides a copy of the FSM's DD Form 214 and State of Oklahoma Certificate of Death. CONSIDERATION OF EVIDENCE: 1. The FSM was inducted into the Army of the United States on 19 May 1969. 2. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Report) shows he served in the Republic of Vietnam from 10 October 1970 to 19 May 1971. Item 40 (Wounds) is blank. Item 41 (Awards and Decorations) does not show award of the Purple Heart. 3. His records contain a Standard Form 88 (Report of Medical Examination), dated 20 April 1971, in which the FSM noted on his separation physical that he was in excellent condition. This form does not indicate he suffered a wound or injury. 4. The Army honorably released him from active duty on 20 May 1971. His DD Form 214 does not show the Purple Heart. 5. The FSM's official military personnel record does not contain any evidence showing he was wounded or treated for wounds incurred as a result of hostile enemy action. 6. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster. The FSM's name is not included on this roster. 7. 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 Military Awards Branch, failed to reveal any orders awarding him the Purple Heart. 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 Servicemember's medical record that wounds would have required treatment by a medical officer if one had been available. Additionally, treatment of the wound will be documented in the Servicemember's medical and/or health record. DISCUSSION: 1. In order to support award of the Purple Heart, there must be evidence to show the wound was a result of enemy action, the wound required medical treatment by a medical officer, and the medical treatment was made a matter of official record. 2. The FSM's military record does not contain any medical treatment records or other documentation confirming he received a wound as a result of enemy action and was medically treated for the wound. At present, the available evidence does not meet the regulatory criteria for the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012965 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012965 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2