BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160018097 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: 11 July 2018 DOCKET NUMBER: AR20160018097 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: 11 July 2018 DOCKET NUMBER: AR20160018097 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 that he would like to be awarded the Purple Heart for wounds received in Vietnam in 1968. The injury was from a 50 caliber machine gun during a test firing on a mike 8 landing craft. He was serving Vietnam when he received shrapnel in both legs/groin area. He received treatment at the Qui Nhon Hospital for his injuries. He did not realize he qualified due to the fact this this was an accident "non-combat". The Department of Veterans recently told him to pursue the award. 3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 2. The applicant enlisted in the Regular Army on 29 August 1966 and he held military occupational specialty 61B (Water Craft Operator). He served in Vietnam from 29 December 1967 to 18 December 1968. 3. He was honorably released from active duty on 28 August 1969 and was transferred to the United States Army Reserve. His DD Form 214 shows he completed 3 years of active service. His DD Form 214 also shows he was awarded and authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with 1960 Device * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 4. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 40 (Wounds) – No entry * Item 41 (Awards and Decoration) – No entry for the Purple Heart 5. His record is void of any orders, or other documents that indicate he was ever recommended for or awarded the Purple Heart by proper authority while serving on active duty. It also contains no medical treatment records that indicate he was ever treated for a combat related wound or injury during his service in Vietnam. 6. A review of the Vietnam Casualty Roster failed to reveal an entry pertaining to the applicant. 7. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Purple Heart pertaining to the applicant. REFERENCE: Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the Purple Heart. It states, in order to award a Purple Heart there must be evidence that a member was wounded or injured as a result of enemy action. The wound or injury for which the Purple Heart is being awarded must have required treatment by a medical officer and this treatment must be supported by medical treatment records that were made a matter of official record. An example of injuries or wounds which clearly do not justify award of the Purple Heart are accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. DISCUSSION: 1. By regulation, in order to support award of the Purple Heart there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound was treated by military medical personnel, and a record of this medical treatment must have been made a matter of official record. Injuries or wounds due to accident, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action, do not justify award of the Purple Heart. 2. The evidence of record is void of orders or any other documents that indicate he was ever recommended for or awarded the Purple Heart by proper authority while serving on active duty. His record is also void of any medical treatment records showing that he was ever treated for a combat-related wound or injury while serving in Vietnam. Further, Item 40 of his DA Form 20 contains no entry, which indicates he was never wounded in action and item 41 of this form does not list the Purple Heart. Also, his name is not listed on the Vietnam Casualty Roster and a review of ADCARS failed to reveal any orders awarding him the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018097 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018097 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2