IN THE CASE OF: BOARD DATE: 4 January 2018 DOCKET NUMBER: AR20160017888 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: AR20160017888 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: AR20160017888 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 he severely damaged the index finger on his right hand during a mortar attack in Vietnam in August 1968. As soon as possible he reported to the aid station. The doctor identified a fracture and due to the severity of the break, his entire right arm was splint and placed in a sling. However, he was still engaged in battle and the issue was never administratively reported. Today, he suffers from arthritis in his right hand. 3. The applicant provides: * self-authored letter, dated 8 May 2016 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * health record, dated 27 August 1968 * two pages from his DA Form 20 (Enlisted Qualification Record) * two pages of the 299th Engineer Battalion (Combat) history 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 25 May 1966 for a period of 3 years. He served as a combat engineer in Vietnam from approximately 3 January 1968 to 30 December 1968. 3. He provided a health record, dated 27 August 1968, showing he was treated for a swollen sore hand at the 299th Aid Station. The examining physician indicated there was no evidence of a fracture and diagnosed him as having a sprained right index finger. 4. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank and item 41 (Awards and Decorations) does not show the Purple Heart as an authorized award. 5. On 3 January 1969, he was honorably released from active duty. His DD Form 214 does not show the Purple Heart as an authorized award. 6. There are no orders for the Purple Heart in his available records. 7. His name is not listed on the Vietnam casualty roster. 8. 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 Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant. 9. He provided two pages of his unit's history in Vietnam describing various combat missions and enemy activity. 10. He also provided a self-authored letter, dated 8 May 2016, stating on or about 27 August 1968 he broke his right index finger on the battlefield. He reported as soon as he was permitted for medical care since he could not carry his rifle in his right hand. The break was serious so the doctor splinted his right arm, prescribed medication, and he was placed on light duty for 3-4 days. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Purple Heart 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 by a medical officer, and the medical treatment must have been made a matter of official record. 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. The instructions further stated the date the wound or injury occurred would also be entered in item 40. DISCUSSION: 1. Although the applicant contends he severely damaged/broke the index finger on his right hand during a mortar attack in August 1968 in Vietnam, the health record he provided indicates he had a swollen sore hand on 27 August 1968. The examining physician also stated there was no evidence of a fracture. There is no evidence showing this injury was the result of hostile action. 2. Army Regulation 600-8-22 establishes the basic requirements for award of the Purple Heart. The Purple Heart requires evidence to verify the wound was the result of hostile action, required treatment by a medical officer, and was documented in official records. 3. His name does not appear on the Vietnam casualty roster and item 40 of his DA Form 20 is blank. There is no evidence of record showing he was wounded or injured as a result of hostile action in Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017888 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017888 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2