IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170004466 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: AR20170004466 BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the former service member in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. 3. The Board determined that administrative error in the records of the individual should be corrected. Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned by adding the Army Commendation Medal to his DD Form 214. _________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: AR20170004466 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 the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her late husband, a former service member (FSM), to show the Purple Heart. 2. The applicant states her husband was wounded in combat in Vietnam. She would like to receive the Purple Heart that he earned. 3. The applicant provides copies of the FSM's DD Form 214 and death certificate, a Certificate of Marriage, and a letter from the Department of Veterans 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 FSM enlisted in the Regular Army on 28 February 1969 and he held military occupational specialty 62F (Crane Shovel Operator). 3. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. Items 31 (Foreign Service) and 35 (Record of Assignments) show he served in Vietnam from 8 September 1969 to 7 November 1971 and was assigned to the 497th Engineer Company (Port Construction). b. Item 40 (Wounds) shows no entry to indicate he was wounded as a result of enemy action. c. Item 41(Awards and Decoration) shows no entry for the Purple Heart. 4. His records contain the following: a. General Orders (GO) Number 399, issued by Headquarters, 18th Engineer Brigade, on 23 March 1971, which awarded him the Army Commendation Medal for meritorious service in Vietnam for the period from April 1970 to April 1971. b. A Standard Form 88 (Report of Medical Examination), which showed he underwent a medical examination on 9 November 1971 for the purpose of his separation. The form does not indicate he sustained any wound/injury during his period of service and he was found qualified for separation. 5. He was honorably released from active duty on 9 November 1971. His DD Form 214 shows he completed 2 years, 8 months, and 7 days of active service, which included 2 years, 2 months, and 1 day of foreign service. His DD Form 214 also shows he was awarded and authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal * two Overseas Service Bars * Bronze Star Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Hand Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 6. His record is void of any orders, or other documents that indicate he was awarded the Purple Heart by proper authority while serving on active duty. It also contains no medical treatment records that indicate he was treated for a combat related wound or injury during his service in Vietnam. 7. A review of the Vietnam Casualty Roster failed to reveal an entry pertaining to the FSM. 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 FSM. 10. The applicant provides the following: a. A Certificate of Marriage showing she and the FSM were married on 27 April 1971. b. A Certificate of Death showing the FSM died on 21 March 2016. c. A letter, dated 17 October 2016, wherein the VA advised her of a summary of benefits as a survivor of a veteran. 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. 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. DISCUSSION: 1. 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 the wound was treated by military medical personnel, and a record of this medical treatment must have been made a matter of official record. 2. The FSM's military record is void of orders or any other documents that indicate he was awarded the Purple Heart by proper authority while serving in Vietnam. His record is also void of medical treatment records showing that he was treated for a combat-related wound or injury while serving in Vietnam. 3. The evidence shows the FSM's DD Form 214 contains an administrative error which does not require action by the Board. Orders awarded him the Army Commendation Medal for meritorious service in Vietnam. His DD Form 214 does not list this award. The Board may direct administrative correction of his DD Form 214 to show this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170004466 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170004466 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2