BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20160014097 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: 5 September 2018 DOCKET NUMBER: AR20160014097 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: 5 September 2018 DOCKET NUMBER: AR20160014097 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 award of the Purple Heart and any other awards to which he is entitled. 2. The applicant states: a. He should be awarded the Purple Heart for being wounded/injured while serving on active duty. He was wounded by a heater explosion that blew up in his face. His face and eyes were burned, his nose was scared, and his arm was cut. He has lifetime scars from the explosion. His DD Form 214 does not show he was wounded. He did not receive all the medals that were awarded to his unit, the 2nd Battalion, 64th Armor, 3rd Infantry Division. b. He wants the Army to award him the decorations for serving his country and being wounded/injured while on active duty. He does not know what the Board's criteria is for being wounded in Vietnam, but he was wounded for life. He will never forget this and he deserves more. He served in the Army from 1970 to 1985. All wounded veterans were awarded the Army Commendation Medal and Purple Heart. He wants what is due to him while he is still alive and he can share with his grandchildren. 3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service) for the periods ending on 16 October 1979 and 8 July 1985. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 2. The applicant enlisted in the Regular Army on 31 July 1970 and he held military occupational specialty 94B (Cook). 3. His DA Form 20 (Enlisted Qualification Record) does not show he served in Vietnam but it does show: * Item 31 (Foreign Service) – he served in Germany from 26 February 1971 to June 1976 * Item 35 (Record of Assignments) – he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 64th Armor, 3rd Infantry Division, U.S. Army Europe (USAREUR) * Item 40 (Wounds) – No entry * Item 41 (Awards and Decoration) – No entry for the Purple Heart 4. He was honorably released from active duty on 28 August 1973. His DD Form 214 shows he completed 2 years, 11 months, and 29 days of active service. His DD Form 214 also shows in: * Item 22c (Foreign And/Or Sea Service) – 2 years, 3 months, and 6 days and the entry USAREUR * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the National Defense Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 5. His record is void of evidence showing he served in Vietnam. 6. His record is void of any orders, or other documents that indicate he was ever recommended for or awarded the Purple Heart by proper authority while serving on active duty. It also contains no medical treatment records that indicate he was ever treated for a combat related wound or injury during this period of service. Further, there is no evidence of his entitlement to any additional awards for his period of active duty. 7. A review of the Vietnam Casualty Roster failed to reveal an entry pertaining to the applicant. 8. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Purple Heart pertaining to the applicant. 9. He provides his NGB Forms 22 which show he was discharged from the Alabama Army National Guard on 16 October 1979 and 8 July 1985. REFERENCE: Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the Purple Heart. It states, in order to award a Purple Heart there must be evidence that a member was wounded or injured as a result of enemy action. The wound or injury for which the Purple Heart is being awarded must have required treatment by a medical officer and this treatment must be supported by medical treatment records that were made a matter of official record. An example of injuries or wounds which clearly do not justify award of the Purple Heart are accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. DISCUSSION: 1. The evidence of record shows the applicant served in Germany during his period of active duty from 31 July 1970 to 28 August 1971. There is no evidence and he provided none showing he served in Vietnam during this period of military service. 2. Award of the Purple Heart requires evidence that the wound for which the award is being made was received as a result of enemy action, that the wound was treated by military medical personnel, and a record of this medical treatment must have been made a matter of official record. Injuries or wounds due to accident, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action, do not justify award of the Purple Heart. 3. The evidence of record is void of orders or any other documents that indicate the applicant he was ever recommended for or awarded the Purple Heart by proper authority during his period of active duty. His record is also void of any medical treatment records showing that he was ever treated for a combat-related wound or injury at this time. Further, Item 40 of his DA Form 20 contains no entry that indicated he was ever wounded/injured in action and item 41 of this form does not list the Purple Heart. Also, his name is not listed on the Vietnam Casualty Roster and a review of ADCARS failed to reveal any orders awarding him 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) AR20160014097 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014097 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2