BOARD DATE: 31 July 2018 DOCKET NUMBER: AR20160013109 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: 31 July 2018 DOCKET NUMBER: AR20160013109 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: 31 July 2018 DOCKET NUMBER: AR20160013109 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 her deceased spouse, a former service member (FSM), be awarded the Purple Heart. 2. The applicant states the FSM should have been awarded the Purple Heart due to ruptured eardrums. He was considered 100 percent disabled due to hearing loss, myeloma, and amyloidosis. 3. The applicant provides the FSM's death certificate and their marriage certificate. 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 FSM enlisted in the Regular Army on 22 November 1967 for a period of 2 years. On 17 November 1968, he was honorably discharged to accept a warrant officer appointment. He was appointed as a warrant officer on 18 November 1968. He served as a helicopter pilot in Vietnam from 10 December 1968 to 9 December 1969. 3. Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) does not show the Purple Heart as an authorized award. 4. His Standard Form 88 (Report of Medical Examination), dated 16 December 1970, shows he underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam. Item 22 (Ears) of this form shows he was rated normal. In addition, he reported, "I am in good health." 5. On 19 December 1970, he was honorably released from active duty. His DD Form 214 does not show the Purple Heart as an authorized award. 6. There are no orders for the Purple Heart in the available records. 7. A review of the Vietnam Casualty List failed to locate any reference to the applicant. 8. 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 for the Purple Heart pertaining to the applicant. REFERENCES: 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 and that 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. DISCUSSION: 1. The evidence of record shows the FSM underwent a separation physical examination on 16 December 1970 that makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam. His ears were rated normal. 2. The FSM's name does not appear on the Vietnam Casualty List. 3. There is no evidence of record confirming that the FSM was wounded as a result of hostile action in Vietnam. 4. Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart. The Purple Heart requires evidence to verify the wound was the result of hostile action, that the wound required treatment by a medical officer, and documentation of the wound in official records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013109 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013109 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2