IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20170000044 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: 15 August 2018 DOCKET NUMBER: AR20170000044 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: 15 August 2018 DOCKET NUMBER: AR20170000044 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 the Purple Heart. 2. The applicant states, in effect, while serving with the 687th Engineer Company as a bulldozer driver, he hit a land mine, which exploded. The hydraulic line exploded and he received burns on the left side of his body. He was medically evacuated and spent approximately a month in the hospital. 3. The applicant provides no additional evidence. 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 was inducted into the Army of the United States on 28 August 1969. 3. Evidence shows he served in the Republic of Vietnam for the period 11 February to 25 May 1970. 4. His records contain: a. AF Form 565-4 (Clinical Record Cover Sheet) which shows the applicant received burns from a gasoline fire. He received a second degree burn to his left arm on 2 May 1970. Other details were unknown. b. DA Form 8-275-2 (Clinical Record Cover Sheet) which shows he received a second degree burn to his left arm, approximately 3 percent total body surface on 2 May 1970, while operating a bulldozer. There was an explosion in which the applicant was injured. Other details were unknown pending an investigation. c. A Line of Duty Determination memorandum dated 19 April 1971, in which it was determined the applicant received second degree burns to his left arm in a gasoline fire on 2 May 1970, in the Republic of Vietnam. Based on the available evidence it was determined the injury was in the line of duty. 5. He was honorably released from active duty on 27 August 1971. His DD Form 214 does not show award of the Purple Heart. In addition, he authenticated his DD Form 214 acknowledging the information contained on the document, to include the absence of the Purple Heart, was correct. 6. A review of his records did not yield general orders awarding him the Purple Heart. Additionally: a. 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. b. His name is not shown on the Vietnam casualty roster as having sustained an injury as a result of hostile action. c. 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 Purple Heart orders for the applicant. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards), paragraph 2-8, states the Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under the authority with any of the U.S. Armed Services, have been wounded, were killed, or who have died or may hereafter die of wounds received as a result of hostile enemy action. The wound, injury, or death must have been the result of hostile enemy action; the wound or injury must have required treatment, not merely examination, by a medical officer or a medical professional; and treatment of the wound must be documented in the Service member's medical and/or health record. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The Purple Heart differs from all other decorations in that an individual is not "recommended" for this decoration; rather, the individual is entitled to it upon meeting specific criteria. Award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record. 2. The Board begins its consideration of each case with a presumption of regularity; that is, what Army records reflect is correct and the burden of proving otherwise rests with the applicant. 3. In this case, the applicant's name is not shown on the Vietnam Casualty Roster, his complete medical records are not available for review, and his service record is void of orders that show he was awarded the Purple Heart. The available evidence to does not state he hit a land mine which exploded and caused his injury. While one of the Clinical Record Cover Sheets mentions an explosion, it was not determined what caused the explosion. The evidence of record predominately states he was injured in a gasoline fire. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000044 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000044 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2