IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170002961 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: 20 November 2018 DOCKET NUMBER: AR20170002961 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: 20 November 2018 DOCKET NUMBER: AR20170002961 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 recommended for the Purple Heart, but it was never added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He was unable to obtain evidence until recently when he was provided a copy of his service medical records. A Standard Form (SF) 600 (Health Record – Chronological Record of Medical Care), dated 27 March 1969, shows he was taken to the 11th Aviation Group Dispensary with wounds as a result of a mortar attack. 3. The applicant provides an SF 600 and a letter from the Department of Veteran Affairs (VA). 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 enlisted in the Regular Army on 10 April 1968. 3. He provides a copy of an SF 600, which shows he received medical treatment on 27 March 1969, at the 11th Aviation Support Dispensary, for multiple abrasions to his right hand and both knees from a thrown rocket blast while he was performing guard duty. The form does not indicate he was wounded as a result of enemy action. 4. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. Item 22 (Military Occupational Specialty (MOS)) shows he was awarded the following: * Secondary MOS (SMOS) 76W (Petroleum Storage Specialist) on 9 August 1969 * Additional MOS 94B (Cook) on 30 August 1969 * Primary MOS (PMOS) 94B on 16 March 1970 b. Item 31 (Foreign Service) shows he served in Vietnam from 5 September 1968 to 11 November 1970. c. Item (Record of Assignments) shows he was assigned to the 11th General Support Aviation Company, 11th Aviation Group (Airmobile), 1st Cavalry Division, and served in the following MOS's: * SMOS 76W from 11 September 1968 to 29 August 1969 * PMOS 94B from 30 August 1969 to 1 November 1970 d. Items 40 (Wounds) shows no entry and item 41 (Awards and Decoration) shows no entry for the Purple Heart. 5. He was honorably released from active duty on 9 November 1970. His DD Form 214 shows he completed 2 years and 7 months of active service. His DD Form 214 also shows in: * Item 22c (Foreign And/Or Sea Service) – 2 years, 2 months, and 3 days and the entry USARPAC (U.S. Army Pacific) * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) –: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Army Commendation Medal * Bronze Star Medal * Republic of Vietnam Gallantry Cross 6. His record is void of any orders, or other documents that indicate he was awarded the Purple Heart. It also contains no medical treatment records that indicate he received treatment for a combat related wound or injury during this period of service. 7. A review of the Vietnam Casualty Roster failed to reveal an entry pertaining to the applicant. 8. A 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 U.S. Army Human Resources Command, failed to reveal any orders for award of the Purple Heart pertaining to the applicant. 9. He provides a letter, dated 7 December 2016, wherein the VA responded to his February 2016 Privacy Act request and provided him the following service treatment records: SF 600 and VA Form 07-4582 (VA Service Department Records Envelope. 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. The regulation states: a. 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. b. The Purple Heart is awarded to service members killed in action or wounded in action mistakenly or accidently by friendly forces who are directly engaged with the enemy and directing fire at a hostile force or what is thought to be a hostile force. c. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are accidents, to include explosive, aircraft, vehicular, other accidental wounding not related to or caused by enemy action, abrasions and lacerations (unless of a severity to be incapacitating), and bruises. DISCUSSION: 1. The SF 600 provided by the applicant sustained and received medical treatment for multiple abrasions to his right hand in both knew from a thrown rocket blast while performing guard duty in Vietnam. However, the form does not indicate if he was wounded/injured as a result of enemy action or accidental friendly fire. 2. By regulation, in order to support award of the Purple Heart, all criteria must be met, to include that there must be evidence that the wound for which the award is being made was received as a result of enemy action, in addition to receiving treatment by military medical personnel and a record of this medical treatment being made a matter of official record. Injuries or wounds that do not justify award of the Purple Heart include abrasions, lacerations, and bruises. 3. The evidence of record is void of any medical treatment records showing he was wounded as a result of a combat-related action while serving in Vietnam. Further, Item 40 of his DA Form 20 contains no entry and item 41 of this form does not list the Purple Heart. His name is not listed on the Vietnam Casualty Roster and a review of ADCARS failed to reveal any orders awarding him the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170002961 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170002961 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2