IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20170002701 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: AR20170002701 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: AR20170002701 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 was injured while on active duty on combat missions and was never awarded the Purple Heart. He sustained injuries to his lower leg by shrapnel from an explosion on the tank he was riding in several times. He also received injuries to his face neck, head, and back area due to the explosion of the tank. 3. The applicant provides a letter of support from the senior medic for the applicant's armor unit. 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 24 October 1966 through 13 October 1968 with service in Vietnam from 14 October 1967 through 13 October 1968. 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. Block 26 (Decorations and Awards) of his DD Form 214 (Report of Separation from Active Duty) does not list the Purple Heart as an authorized award. 6. In his statement of support, the medic states he personally witnessed injuries that the applicant received while in Vietnam during their search and destroy missions. The applicant sustain injuries to his head, jaw, neck, and back. Some of these scars are apparently still visible. Additionally, he received injuries to the lower portion of his leg from an explosion initiated by North Vietnamese soldiers. The shrapnel from this explosion embedded into his leg and knee. This letter verifies that the applicant received these wounds and injuries by an instrument of war in the hands of the enemy. His conduct exemplifies exceptional and selfless service to our nation. 7. A review of the Vietnam Casualty List failed to locate any reference to the applicant. 8. 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 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: While the letter of support from the medic states the applicant was wounded in action, there are no available medical records verifying that the applicant was treated for wounds received while in action against the enemy or as the result of enemy action, and the medical treatment was 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) AR20170002701 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170002701 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2