IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20160019753 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: 29 August 2018 DOCKET NUMBER: AR20160019753 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: 29 August 2018 DOCKET NUMBER: AR20160019753 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, widow of a former service member (FSM), requests correction of his records to show award of the Purple Heart. 2. The applicant states: a.  The FSM had the medal on his uniform and he was injured in action. b.  She does not have the FSM's medical records. c.  The FSM was injured in action and he told a story of earning the Purple Heart. d.  The FSM was honorably discharged because of the injury, grenade shrapnel. 3. The applicant provides: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Certificate of Marriage, dated 27 December 1973 * Certificate of Authentication, dated 2 January 1974 * Certificate of Death, dated 22 February 2013 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 FSM enlisted in the Regular Army on 1 October 1968. 3. He served in Vietnam during the period 14 May 1969 to until on or about 13 May 1970. 4. His DA Form 20 (Enlisted Qualification Record) shows in: a.  item 40 (Wounds) – no entries and b.  item 41 (Awards and Decorations): * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Marksmanship Qualification Badge with Grenade Bar * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 5. His Standard Form 88 (Report of Medical Examination), dated 16 May 1970, shows he was found qualified for separation and does not show any injuries sustained or aggravated while he was in Vietnam. 6. On 19 May 1970, the FSM was honorably released from active duty. His DD Form 214 shows he completed 1 year, 9 months, and 19 days of net service and he was awarded or authorized the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars 7. His available records are void of any medical evidence showing he was injured as a result of hostile action and he was hospitalized for treatment of his injury. 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 Awards and Decorations Branch, failed to reveal orders for award of the Purple Heart to the FSM. 9. The FSM's 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. 10. The applicant provided copies of her marriage certificate and Certificate of Authentication, and the FSM's death certificate. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that: a.  The Purple Heart is awarded for a wound sustained 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 military medical personnel, and the medical treatment must have been made a matter of official record. b.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above. A physical lesion is not required. However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound will be documented in the service member’s medical and/or health record. Award of the Purple Heart 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. DISCUSSION: 1. The applicant contends the FSM was awarded the Purple Heart and this award is not listed on his DD Form 214. 2. Award of the Purple Heart 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. The FSM's records are void of any evidence showing he was wounded or injured as a result of hostile action or he was hospitalized for treatment of his injury. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019753 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019753 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2