BOARD DATE:  5 September 2018
	
		DOCKET NUMBER:  AR20160019569


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: 5 September 2018 

		DOCKET NUMBER:  AR20160019569


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:  5 September 2018

		DOCKET NUMBER:  AR20160019569


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 is currently rated at 70 percent (%) for Post-Traumatic 
Stress Disorder (PTSD), which is directly related to combat exposure while 
serving in Vietnam from 1966 to 1967.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) and page 1 of a Department of 
Veterans Affairs (VA) Rating Decision.

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 was inducted into the Regular Army on 26 October 1965.

3.  His DA Form 20 (Enlisted Qualification Record) contains the following 
information:

   a.  Items 31 (Foreign Service) shows he served in Vietnam from 28 May 1966 
to 17 May 1967.

   b.  Items 40 (Wounds) and 41(Awards and Decoration) show no entry 
indicating he was wounded/injured as a result of enemy action during his period 
of service and award of the Purple Heart.

4.  He was honorably released from active duty on 25 October 1967.  His 
DD Form 214 shows he completed 2 years of active service, which included 
11 months and 20 day of foreign service credit.  His DD Form 214 also shows in 
item 24 (Decorations, Medals, Badges, Commendations, Citations, and 
Campaign Ribbons Awarded or Authorized) no entry for the Purple Heart.

5.  His record is void of any orders, or other documents that indicate he was 
awarded the Purple Heart by proper authority while serving on active duty or he 
was 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.  He provides a copy of page 1 of his VA Rating Decision, dated 20 August 
2015, which shows his awarded service-connected disability rating for PTSD, for 
combat/fear during the Vietnam Era, was increased to 70% from 31 March 2014.

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 includes PTSD.




DISCUSSION:

1.  The evidence of record does not indicate he sustained any wounds/injuries 
during his period of service in Vietnam.  
2.  The VA Rating Decision he provided is noted.  However, by regulation a 
diagnosis of PTSD does not justify award of the Purple Heart.  Further, item 40 of 
his DA Form 20 contains no entry that indicated he was ever wounded/injured in 
action and item 41 of this form does not list the Purple Heart.  Additionally, his 
name is not listed on the Vietnam Casualty Roster.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings		                                       AR20150000953


Enclosure 1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		
ABCMR Record of Proceedings (cont)	AR20160019569


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 1
ABCMR Record of Proceedings (cont)	AR20160019569


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2