IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170004582 BOARD VOTE: ____x____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170004582 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Purple Heart for wounds received in connection with military operations against a hostile enemy on 18 January 1971 and adding this award 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: 19 September 2018 DOCKET NUMBER: AR20170004582 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. He states, in effect, that while assigned to Vietnam, three enemy rocket-propelled grenades (RPG) hit near to him on the left and he sustained fragment wounds to his face on 18 January 1971 when the third one exploded. His buddy told him he was hit and called for medical aid. 3. He provides copies of his medical records and a witness statement. 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 was inducted into the Army of the United States on 11 May 1970. 3. His record shows he served in the Republic of Vietnam (RVN) from 13 October 1970 to 12 October 1971, while assigned to Company C, 2nd Battalion (Airmobile), 501st Infantry. 4. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. Item 40 (Wounds), no combat injuries; and b. Item 41 (Awards and Decorations), does not list the Purple Heart. 5. The applicant provides medical forms, which show he was treated for a fragment wound to the left side of his face on 20 January 1971. The medical officer noted that the applicant had sustained this injury on 18 January 1971. 6. The applicant also provides a statement from a fellow Soldier, Sergeant JT. This Soldier states that he met the applicant while stationed at Fire Base --- in 1970 and that he had knowledge of the applicant being wounded in action during the call of duty. 7. The applicant was honorably released from active duty on 22 November 1971. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect the Purple Heart. 8. The applicant's name is not listed on the Vietnam Casualty Roster. 9. 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 Purple Heart orders pertaining to the applicant. REFERENCES: Army Regulation (AR) 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound or wounds sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided that verifies the wound resulted from hostile action, required treatment by medical personnel, and that treatment was made a matter of official record. DISCUSSION: The applicant's record is void of evidence that shows he was awarded the Purple Heart. However, medical records provided by the applicant show he sustained a fragment wound to the left side of his face on 18 January 1971 and that he subsequently received medical treatment for this wound on 20 January 1971. He also provides a witness statement from a fellow Soldier stating the applicant was wounded in action. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170004582 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170004582 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2