IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20170000171 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: 26 September 2018 DOCKET NUMBER: AR20170000171 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: 26 September 2018 DOCKET NUMBER: AR20170000171 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: a. He should have been awarded a Purple Heart for a wound to his back while serving in Vietnam. A fragment from a rocket round went through his flak jacket in Cu Chi, Vietnam. b. Over the years friends and family asked him why he didn't get a Purple Heart for his wound, and he would tell them he just wanted to get home. Now he realizes that having the Purple Heart would have helped him with his Department of Veterans Affairs (VA) health benefits priority group. c. He is submitting an Army Commendation Medal Certificate to show the wound happened around the same time. U.S. Army medical records should show that he was treated at Cu Chi. 3. The applicant provides an Army Commendation Medal Certificate. 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's service medical and dental records are not available for review. 3. The applicant served on active duty from 14 June 1967 through 5 March 1969 with service in Vietnam from 6 March 1968 through 5 March 1969. 4. Block 40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) is blank and the Purple Heart is not listed in Block 41 (Awards and Decorations). 5. His DD Form 214 (Report of Separation from Active Duty) does not list the Purple Heart as an authorized award. 6. A review of the Vietnam Casualty List failed to locate any reference to the applicant. 7. 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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. DISCUSSION: There are no available medical records to show that the applicant was treated for wounds received while in action against the enemy or as the result of enemy action. The criteria for award of the Purple Heart require evidence verifying that a wound was the result of hostile action. The wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000171 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000171 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2