IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170003103 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: 19 September 2018 DOCKET NUMBER: AR20170003103 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: 19 September 2018 DOCKET NUMBER: AR20170003103 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 and a personal appearance before the Board. 2. The applicant states: a. In effect, he is requesting award of the Purple Heart for injuries incurred while in combat in Vietnam during a convoy attack in June 1968. A field medic treated him. He was placed in temporary duty teaching English to Vietnamese students. He never had the opportunity to express or reveal what happened in June 1968. b. While he was serving in Vietnam as a military policeman, he was part of convoy with the 1st Calvary tank unit. They were ambushed, and as the fire fight ensued, he sustained an injury to his right wrist, just above his right hand. Due to the severity of the battle, a medic applied eight stiches to his wrist, wrapped it, and sent him on his way. At this time, he knew his life was in danger and he had no choice but to "kill or be killed." c. For the past 46 years, he has attempted to suppress the feelings pertaining to what he faced in Vietnam. It has affected him as he grows older. He recalls all that he did in Vietnam as a 19 year old, and what he endured physically, mentally, and emotionally. 3. The applicant provides copies of the following: * Army Commendation Medal Citation and Certificate * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Honorable Discharge Certificate * Photograph 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 2. The applicant was inducted into the Army of the United States on 14 March 1967 and he held military occupational specialty 95B (Military Police). 3. His records contain a Standard Form (SF) 600 (Health Record – Chronological Record of Medical Care) that shows he received medical treatment for a cut to his right hand on 26 June 1967. 4. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. Items 31 (Overseas Service) and 35 (Record of Assignments) show he served in Vietnam from 28 March 1968 to 2 March 1969. b. Items 40 (Wounds) and 41 (Awards and Decorations) show no indication he was wounded by enemy action during his period of military service and no entry for the Purple Heart. 5. His records also contain SF's 88 (Report of Medical Examination) and 89 (Report of Medical History) that show he underwent a medical examination on 6 March 1969, for the purpose of his separation. The forms do not indicate he was wounded by enemy action during his period of military service. 6. He was honorably released from active duty on 6 March 1969. His DD Form 214 shows he completed 1 year, 11 months, and 23 days of active service. His DD Form 214 also shows in: • Item 22c (Foreign And/Or Sea Service) – 11 months and 9 days and the entry USARPAC (U.S. Army Pacific) • Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – no entry for the Purple Heart 7. His record is void of any orders or documentation showing he was recommended for/awarded the Purple Heart. Additionally, his record contains no medical treatment records that indicate he received treatment for a combat related wound or injury during this period of service. 8. A review of the Vietnam Casualty Roster failed to reveal an entry pertaining to the applicant. 9. 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. 10. He provides a copy of a photograph wherein he identifies the persons in the photo as a Vietnamese student and himself discussing an English lesson plan. REFERENCES: 1. Army Regulation (AR) 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. It states, 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. 2. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. c. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. DISCUSSION: 1. The evidence of record shows the applicant incurred an injury to his right hand prior to his service in Vietnam. 2. Award of the Purple Heart requires evidence that the wound for which the award is being made was received as a result of enemy action, that military medical personnel treated the wound, and a record of this medical treatment must have been made a matter of official record. 3. The evidence of record is void of a recommendation, orders or any other documents pertaining to the Purple Heart. His record is also void of any medical treatment records showing that he received treatment for a combat-related wound or injury during his period of service in Vietnam. Further, item 40 of his DA Form 20 contains no entry that indicated he was wounded in action and item 41 of this form does not list the Purple Heart. In addition, his name is not on the Vietnam Casualty Roster and a review of ADCARS failed to reveal any orders awarding him the Purple Heart. 4. The applicant requested a personal appearance before the Board. By regulation, an applicant is not entitled to a hearing before the Board. Hearings may be authorized by a panel of the Board or by the Director of the ABCMR. In this case, the available evidence was sufficient to render a decision without the need for a personal appearance hearing. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170003103 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170003103 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2