IN THE CASE OF: BOARD DATE: 4 January 2018 DOCKET NUMBER: AR20160015632 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: 4 January 2018 DOCKET NUMBER: AR20160015632 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: 4 January 2018 DOCKET NUMBER: AR20160015632 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 Purple Heart. 2. The applicant states his discharge papers were given to him before his records were complete. It was explained to him that the new records would be fixed and would "catch up" with him. 3. The applicant provides: * newspaper article, undated, titled "Close Shave Keeps GI Scared" * Individual Training Chart, undated * DA Form 1811 (Physical and Mental Status on Release from Active Service), dated 28 October 1968 * DA Form 137 (Installation Clearance Record), dated 5 November 1968 * DA Form 2496-1 (Disposition Form), dated 18 November 1968 * DD Form 214 * State of Pennsylvania County of Allegheny DD Form 214 record, dated 2 December 1968 * Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, Letter Orders Number 11-1266839, dated 10 November 1971 * Honorable Discharge Certificate, dated 25 November 1971 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 26 November 1965. 3. He served in Vietnam during the period 12 January 1967 through 12 April 1968. While in Vietnam, he was assigned to Company B, 9th Aviation Battalion, 9th Infantry Division. 4. His DA Form 20 (Enlisted Qualification Record) shows in: * item 40 (Wounds) – no entries * item 41 (Awards and Decorations) – no award of the Purple Heart 5. On 25 November 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his military service obligation. His DD Form 214 shows he completed 3 years of creditable active military service, including 1 year, 3 months, and 1 day of foreign service in Vietnam. 6. His DD Form 214 shows he was awarded or authorized the: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars * National Defense Service Medal 7. He provided a newspaper article, undated, titled "Close Shave Keeps GI Scared," wherein he described an incident in Vietnam when his helicopter was fired upon while he was hanging out the side. The article stated the helicopter was on its second run when his voice began crackling over the intercom of the bullet-riddled aircraft saying, "I've taken a hit…I've taken a hit." He stated his shirt sleeve was riddled with bullet holes, but he found there was no hole in his arm. The article did not indicate he was wounded or injured during the incident. 8. He also provided: a.  his individual training chart, undated, showing his completed training; b  his DA Form 1811, dated 28 October 1968, showing he had no physical limitations or injuries; c.  his DA Form 137, dated 5 November 1968, showing he cleared Hunter Army Airfield, GA, prior to departure to his new duty station; d.  his DA Form 2496-1, dated 18 November 1968, showing his aircraft mechanic tool box was inventoried and he was cleared for departure; e.  his State of Pennsylvania County of Allegheny DD Form 214 record, dated 2 December 1968; f.  Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, Letter Orders Number 11-1266839, dated 10 November 1971, honorably discharging him from the U.S. Army Reserve Control Group (Standby) effective 25 November 1971; and g.  his Honorable Discharge Certificate from the U.S. Army, dated 25 November 1971. 9. 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 Awards and Decorations Branch, failed to reveal orders awarding him the Purple Heart. 10. His name is not listed on the Vietnam casualty roster and his records are void of evidence showing he was injured as a result of hostile action. 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. A wound is defined as an injury to any part of the body from an outside force or agent sustained under the conditions listed above. A physical lesion is not required. However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound will be documented in the service member's medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member's medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. 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. This regulation further stated the date the wound or injury occurred would also be entered in item 40. 3. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. 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. Award of the Purple Heart requires evidence to verify: * the wound was the result of hostile action * the wound required treatment by medical personnel * documentation of the wound in official records 2. The applicant's records are void of evidence showing he was awarded the Purple Heart or that he was wounded 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) AR20160015632 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015632 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2