BOARD DATE: 10 April 2018 DOCKET NUMBER: AR20160013732 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: 10 April 2018 DOCKET NUMBER: AR20160013732 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: 10 April 2018 DOCKET NUMBER: AR20160013732 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart. 2. The applicant states he was not awarded the Purple Heart for wounds he received in action. Daily reports and letters confirm his injury. His medical records were misplaced or forgotten. Testimonial letters show he was wounded on 29 November 1968. He has the scars to show the wounding, but no medal for them. 3. The applicant provides: * DD Form 214 * 3 letters * 8 pages of DA Form 1594 (Daily Staff Journal or Duty Officer's Log) 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 March 1968. 3. His DD Form 214 shows he served in the Republic of Vietnam from 1 September 1968 to 27 August 1969. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains the entry "Wood Splinters in Chest Non Hostile 27 November 1968." Item 41 (Awards and Decorations) does not show the Purple Heart. 4. His records contain: a. Standard Form (SF) 88 (Report of Medical Examination), dated 9 February 1970, in which the physician noted a one inch scar on his right upper body. 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 9 February 1970, in which the applicant noted his was in good health; however, he had contracted malaria and was treated at the 3rd Field Hospital, Saigon, Republic of Vietnam. He did not indicate he suffered a wound or injury. 5. The Army honorably released him from active duty on 26 March 1970. His DD Form 214 does not show the Purple Heart. 6. The applicant's official military personnel record does not contain any evidence showing he was wounded or treated for wounds incurred as a result of enemy action. 7. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster. The applicant's name is not included on this roster. 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, failed to reveal any orders awarding him the Purple Heart. 9. The applicant provides: a. Letters from former Soldiers who claim, in effect, on or about 27 November 1968, the applicant's platoon was ordered to clear a landing zone in the jungle in order to medically evacuate the wounded. While under sniper fire, a large tree was blow down by explosives. While the applicant took cover in a shallow hole, the tree fell the wrong direction and punctured the applicant in several places. The applicant was subsequently medically evacuated with the wounded. b. Eight pages of DA Form 1594 covering 27 - 29 November 1968 showing the applicant’s unit was in contact with the enemy during this period; however, the applicant is not identified by name in these documents. 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; and treatment of the wound must be documented in the Service member's medical and/or health record. 2. Army Regulation 600-8-22 provides for award of the Purple Heart to individuals wounded or killed as a result of "friendly fire" in the "heat of battle" as long as the "friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment. The Purple Heart is not awarded for accidental injuries. 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 applicant's military record does not contain any medical treatment records or other documentation confirming he received a wound as a result of enemy action. 3. The available evidence in his official military record shows the applicant's wounds were the result of non-hostile action. This evidence is further corroborated by the witness statements provided by the applicant which state the applicant was wounded by a tree falling on him while clearing an area for medical evacuation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013732 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013732 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2