BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160017430 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: AR20160017430 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: 8 August 2018 DOCKET NUMBER: AR20160017430 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 (PH) * Combat Action Badge (CAB) 2. The applicant states: a. He was injured, shot in his right leg, while in Cam Rahn Bay. b. He was on guard duty and he was shot by a sniper. c. He received medical attention at the medical facility. 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. The applicant enlisted in the Regular Army on 13 November 1967. 3. He served in Vietnam during the period 25 November 1968 to 25 November 1969. While in Vietnam, he participated in five campaigns and he was assigned to: * Long-Lines Detachment Vung Chua Mountain, Long-Lines Area Qui Nhon, Long-Lines Battalion North, from 3 December 1968 to 14 June 1969 * Company C, 361st Signal Battalion from 15 June 1969 to 25 November 1969 4. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 29 (Qualification In Arms) – award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16), b. item 40 (Wounds) – no entry, c. item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas bars * Army Good Conduct Medal * Expert Marksmanship Badge with Rifle Bar 5. On 12 November 1970, he was honorably released from active duty. His DD Form 214 shows he completed 3 years of total service and he was awarded or authorized the: * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * two overseas bars * National Defense Service Medal * Army Good Conduct Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and (M- 16) 6. 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 for award of the PH to the applicant. 7. His available records are void of and he failed to provide medical evidence showing he was injured as a result of hostile action and was hospitalized for treatment of his injury. 8. His name is not shown on the Department of the Army Office of the Adjutant General Casualty Division Casualty Reference Name Listing for the period 1 January 1961 through 30 June 1973, a battle and non-battle listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Vietnam. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The PH is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment, not merely examination, by a medical officer, and the medical treatment must have been documented in the service member's medical and/or health record. Award of the PH 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. b. On 2 May 2005, the Chief of Staff for the Army approved the creation of the CAB to provide special recognition to Soldiers who personally engaged, or are engaged by, the enemy. Retroactive awards of the CAB are not authorized prior to 18 September 2001. DISCUSSION: 1. The applicant contends his DD Form 214 should be corrected to show award of the PH and CAB. 2. Award of the PH requires evidence to verify: * the wound was the result of hostile action * treatment of the wound by medical personnel * documentation of the wound in official records 3. His records are void of and he failed to provide medical evidence showing he was injured as a result of hostile action and was hospitalized for treatment of his injury. 4. He served in the Army during the period 13 November 1967 to 12 November 1970. The governing regulation states retroactive awards of the CAB are not authorized prior to 18 September 2001. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017430 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017430 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2