BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160013844 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: 13 June 2018 DOCKET NUMBER: AR20160013844 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: 13 June 2018 DOCKET NUMBER: AR20160013844 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 show award of the Bronze Star Medal with "V" Device and Purple Heart. 2. The applicant states: a. He recently discovered these awards weren't listed on his DD Form 214. He provided a Bronze Star Medal Certificate. b. He received the Purple Heart at base camp in June 1969, but he never received the certificate. He received minor shrapnel to his hand/arm and his cornea was cut from what was believed to be from a rifle launched grenade or a booby trapped grenade set in a bamboo thicket. His loader was struck by shrapnel in the opening of his flak vest. He was medevacked and never returned. c. His service in Vietnam was from March to November 1969. He was assigned as a tank commander with Company H, 2nd Squadron, 11th Armored Cavalry. 3. The applicant provides: * self-authored letter, dated 14 June 2016 * photograph of a Soldier with a bandage on his head * Bronze Star Medal Certificate * DD Form 214 * DD Form 215 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 13 November 1967 for a period of 2 years. He served in Vietnam from 25 March 1969 to 5 November 1969. 3. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank and item 41 (Awards and Decorations) does not show the Purple Heart as an authorized award. 4. His Standard Form 88 (Report of Medical Examination), dated 31 October 1969, 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. Items 24 (Eyes – General) and 35 (Upper Extremities) of this form shows he was rated normal. 5. On 31 October 1969, 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. His name is not listed on the Vietnam casualty 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 Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant. 9. He provided a photograph of himself with a bandage on his head. 10. A DD Form 215, dated 9 June 2016, amended his DD Form 214 by adding the Bronze Star Medal with "V" Device. This portion of his request will not be discussed further in these proceedings. REFERENCES: 1. 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, 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. The key issue commanders must take into consideration when contemplating an award of this decoration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award. 2. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20. The instructions further stated the date the wound or injury occurred would also be entered in item 40. DISCUSSION: 1. The applicant contends he was wounded in his hand/arm and cornea while serving in Vietnam. 2. He provided a photograph of himself with a bandage on his head; however, there is no evidence showing this injury was the result of hostile action in Vietnam. 3. The evidence of record shows he underwent a separation physical examination on 31 October 1969 that makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam. His eyes and upper extremities were rated normal. 4. His name does not appear on the Vietnam casualty roster and item 40 of his DA Form 20 is blank. 5. There is no evidence of record confirming his claim that he was wounded as a result of hostile action in Vietnam. 6. 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, treatment of the wound 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) AR20160013844 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013844 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2