BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160017017 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: AR20160017017 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: AR20160017017 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. 2. The applicant states the "PH" is stated on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He wishes to receive the Purple Heart if his is entitled to it. 3. The applicant provides a copy of his DD Form 214. 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 4 April 1968 the applicant was inducted into the Army of the United States. He completed training with award of the military occupational specialty 57F (Memorial Activities Specialist). 3. The applicant was assigned to duty in Vietnam from 29 August 1968 through 28 August 1969 with Company B, 1st Supply and Transportation Battalion, 1st Infantry Regiment. 4. His DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Purple Heart. 5. On 3 April 1970 the applicant was released from active duty. His DD Form 214 does not show he was awarded the Purple Heart. However, this form does contain the entry "VN Counteroffensive PH V, VI," which stands for "Vietnam Counter Offensive Phase 5 and 6." 6. A review of the Vietnam Casualty List failed to locate any reference to the applicant. 7. The available records contain no evidence that the applicant was wounded in action. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the: a. 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. b. A bronze service star is authorized to be worn on the Vietnam Service Medal for each campaign period during which a Soldier served in Vietnam. 2. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states awards and decorations for all periods of service are to be listed in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier's records. Abbreviations are not to be used. DISCUSSION: 1. The applicant contends his DD Form 214 contains the entry "PH," which he believes stands for the Purple Heart. However, the full entry on this form reads, "VN Counteroffensive PH V, VI." This entry does not denote award of the purple heart, it stands for "Vietnam Counter Offensive Phase 5 and 6." 2. A review of the available records failed to show the applicant received a wound or injury that was the result of hostile action. Without a record of treatment for a wound sustained as the result of enemy action entitlement to the Purple Heart cannot be established. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017017 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017017 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2