BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160013264 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: 11 July 2018 DOCKET NUMBER: AR20160013264 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: 11 July 2018 DOCKET NUMBER: AR20160013264 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 add the Purple Heart. 2. The applicant states he was wounded in his left arm while in action on 16 June 1968 and he has never received his Purple Heart. He needs his DD Form 214 updated for a compensation evaluation. 3. The applicant provides: * DD Form 214 * DD Form 1380 (U.S. Field Medical Card) * General Orders Number 53 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 27 September 1967. He completed training and he was awarded military occupational specialty 11H (Infantry Indirect Fire Crewman). 3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam for the period 10 March 1968 through 9 March 1969. 4. His records contain: a. Standard Form (SF) 88 (Report of Medical Examination), dated 18 July 1969. This form does not indicate he suffered a wound or injury as a result of enemy action. b. SF 89 (Report of Medical History), dated 18 July 1969, in which the applicant noted he was in good health. He did not indicate he suffered a wound or injury. 5. He was honorably released from active duty on 22 July 1969. His DD Form 214 does not show award of the Purple Heart; however, it does show he was awarded or authorized the: * Army Commendation Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Army Good Conduct Medal * National Defense Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * 2 Overseas Service Bars 6. A review of his available records did not yield general orders awarding him the Purple Heart. Additionally: a. His name is not shown on the Vietnam casualty roster as having sustained an injury as a result of hostile action. b. Item 40 (Wounds) of his DA Form 20 is blank. 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 Military Awards Branch, failed to reveal Purple Heart orders for the applicant. 7. The applicant provides and his records contain a copy of DD Form 1380 that appears to indicate he sprained his wrist and received a wound to his right arm on 16 June, 2300 hours, while defending his position from enemy fire. REFERENCES: 1. 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 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. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant's request was carefully considered. However, there is a presumption of administrative regularity in the conduct of governmental affairs. This presumption can be applied to any review unless there is substantial evidence to rebut the presumption. In this instance, the "presumption of regularity" is based on Army Regulation 15-185 which states the ABCMR begins its consideration of each case with the presumption of administrative regularity and that the applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. The applicant's available medical records do not show he suffered or was treated for a combat wound or injury. While the DD Form 1380 the applicant submitted appears to show the applicant sprained his wrist and received a wound to his right arm while defending his position from enemy fire, his records do not contain and he did not provide evidence, which shows he required treatment for such an injury or wound. 3. 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. 4. In this case, the applicant's name is not shown on the Vietnam Casualty Roster and his available service record is void of orders that show he was awarded the Purple Heart. His record is also void of any official Army correspondence or Western Union telegrams and there is no evidence in his available service personnel and medical records that show he received treatment for a wound or injury 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) AR20160013264 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013264 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2