IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20160014138 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 IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20160014138 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. IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20160014138 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 the Combat Action Badge. 2. The applicant states he received a head wound when the vehicle he was in ran over a command-detonated mine. He was bandaged by the field medic with follow-up by the field doctor for shoulder and back pain. 3. The applicant provides – * 2 letters to his wife written while serving in Vietnam * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * 2 copies of a 2012 DA Form 638 (Recommendation for Award) * 4 letters from his former commanding officer and fellow Soldiers * U.S. Army Human Resources Command (HRC) response to a Congressional inquiry 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. On 26 January 1966, the applicant was inducted into the Army of the United States. He completed training with award of the military occupational specialty (MOS) 11E (Armor Crewman). 3. The applicant served in Vietnam from 23 August 1966 through 5 July 1967 with assignment to Company C, 2nd Battalion, 34th Armor Regiment. 4. The applicant's DA Form 20 (Enlisted Qualification Record) does not include the Purple Heart as an authorized award and block 40 (Wounds) is blank. 5. On 25 January 1968, the applicant was released from active duty. His DD Form 214 does not show the Purple Heart or the Combat Action Badge as authorized awards. 6. A review of the Vietnam Casualty Roster failed to locate any reference to the applicant. 7. Neither of the letters to his wife indicate he was wounded. In the second he states all he received in the tank incident was getting dust in his face. 8. A 19 August 2010 statement from a fellow tank crewman states their tank hit a mine. He was thrown for the tank sustaining shrapnel wounds to his hands. He received the Purple Heart for this wound. He states that the applicant was also wounded and was bleeding from a head wound and unable to see. He recalls that the applicant, in late February, received a wound to his foot during a mortar attack. The majority of the letter relates to actions for which he states both he and the applicant were told they would receive the Bronze Star Medal with "V" Device. 9. On 12 June 2011, HRC responded to a Congressional inquiry on behalf of the applicant. HRC stated the applicant's request for the Purple Heart could not be validated from the available records and his name was not on the historical casualty roster. It was also noted that the next of kin of service members injured during their Vietnam service were notified of the incident by telegram. 10. The DA Forms 638 with the supporting statements relate to a request for award of the Bronze Star Medal with "V" Device, and were completed in 2012. The citation information does not indicate the applicant was wounded. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 2. Army Regulation 600-8-22 states the Combat Action Badge was created on 2 May 2005 to provide special recognition to Soldiers who personally engaged, or are engaged by, the enemy. The requirements for award of the Combat Action Badge are branch and MOS immaterial. Retroactive award of the Combat Action Badge is not authorized prior to 18 September 2001 DISCUSSION: 1. The Combat Action Badge was created many years after the applicant was discharged and is not authorized to be awarded for service prior to 18 September 2001. 2. The record contains no medical documentation to support the applicant's contention that he received a wound or wounds as a result of hostile action. The supporting documents he has provided are noted. The criteria for award of the Purple Heart require substantiating evidence verifying that a wound was the result of hostile action. The wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014138 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014138 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2