ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  28 March 2019

	DOCKET NUMBER:  AR20170013165


APPLICANT REQUESTS:  award of the Purple Heart.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DA Form 2658 (Health Record – Abstract of Service)
* DA Form 20 (Enlisted Qualification Record)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 26 January 1969
* Doctor’s letter, dated 15 April 2014
* Self-authored statement, dated 20 June 2017

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states during his tour in Vietnam from 2 July 1967 to 16 June 1968 he was injured by mortar fire and treated in a medical facility.

3.  His DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) he served in Vietnam from 20 June 1967 to 18 June 1968.  Item 40 (Wounds) of his DA Form 20 is blank.

4.  He provides a DA Form 2658 that shows he was treated at a battalion aid station on 31 (sic) June 1967 while assigned to Company A, 2nd Battalion, 28th Infantry.  The form does not show why he was seen at the aid station.  

5.  He was honorably released from active duty on 26 January 1969.  His DD Form 214 does not show the Purple Heart.  

6.  The available service records do not contain evidence indicating he was wounded as a result of hostile action. 

7.  He provides a letter from a physician, dated 15 April 2014, who states the applicant is currently under his care and has a healed scar on his neck, which is consistent with a mortar injury.

8.  The governing regulation 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.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined relief was not warranted.  The Board found that there were insufficient medical records to substantiate the following standard outline within regulatory guidance, “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.”  Therefore, the Board recommended denying the requested relief.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION



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.


	 
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.




REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  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.  Award of the Purple Heart is announced in orders. 

ABCMR Record of Proceedings (cont)	 AR20170013165


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