BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160016869 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: 8 August 2018 DOCKET NUMBER: AR20160016869 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of an 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: 8 August 2018 DOCKET NUMBER: AR20160016869 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, award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add this award. 2. The applicant states he is receiving Department of Veterans Affairs (VA) benefits for a shrapnel wound to his left knee. He received a wound from enemy fire in Vietnam. At he time he did not believe the injury was significant and he bandaged himself and did not seek medical attention. In 1990 following an injury while training his dog, it was discovered that he had a metal fragment in his knee. In 2016 the VA granted him service connection for this injury. 3. The applicant provides: * page 2 of a VA rating decision * a buddy statement 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 served on active duty from 28 August 1967 through 3 April 1969 with service in Vietnam from 3 April 1968 through 2 April 1969. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows at: * item 40 (Wounds) no entry * item 41 (Awards and Decoration) no entry for the Purple Heart 4. The applicant was honorably released from active duty on 3 April 1969. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect an award of the Purple Heart. 5. A review of the Vietnam Casualty List failed to locate any reference to the applicant. 6. 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 Military Awards Branch of the United States Army Human Resources Command failed to reveal any orders for the Purple Heart. 7. The applicant's service medical and dental records are on permanent loan to the Department of Veterans Affairs and are not available for review. 8. In 2016, the VA granted the applicant a noncompensable evaluation for a shrapnel wound to his left knee. In their decisional document, it is stated that the service records show a record of a superficial wound with brief treatment and return. 9. The supporting statement, provided by a Soldier who served in Vietnam with the applicant ,states he was an eye witness to the incident and is verifying the account by the applicant. This Soldier states that he certifies that what the applicant presented in his statement to the Board is true. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards), as in effect at the time, 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 15-185 (Army Board for Correction of Military Records (ABCMR)), states the ABCMR begins its consideration of each case with the presumption of administrative regularity. It will decide cases on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant states he did not seek or receive medical treatment for the wound he describes at the time it occurred. 2. The applicant provided a statement from a Soldier who agrees that the applicant was injured in Vietnam, and certifies that what the applicant presented in his statement to the Board is true. 3. Award of the Purple Heart requires that the Soldier was injured as a result of hostile enemy action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. The available evidence does not contain any official documentation in his military record to show that he met the aforementioned criteria. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016869 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016869 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2