ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 March 2019 DOCKET NUMBER: AR20170013646 Applicant Requests: Award of the Purple Heart Applicant’s Supporting Documents Considered by the Board: DD Form 149 (Application for Correction of Military Record) and continuation sheet Facts: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, 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 in effect: a. He was wounded during a mortar attack, while serving as the night duty officer. He was given the Purple Heart medal, but no follow up papers from the combat zone. He believes this can be verified by his medical records at Vung Tau, where he spent about two weeks in the hospital from wounds sustained in the mortar attack. After returning to the United States, he has suffered complications with his bottom teeth and an infection in his jaw for the last 20 to 30 years. b. He did not receive the orders for the Purple Heart and it was not filed in his permanent record. However, he did receive a medal and had no further reason to request the orders. 3. The applicant: * entered active duty on 30 July 1967 * his DA Form 66 (Officer Qualification Record) shows he served in Vietnam from 9 December 1967 through 30 November 1968 * was credited 2 years net service; 3 years, 1 month and 22 days other service; total service 5 years, 1 month and 22 days total to include 11 months and 22 days of foreign service according to his DD Form 214 (Certificate of Release or Discharge from Active Duty) * was honorably released from active duty on 29 July 1969 4. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. 5. The applicant’s record does not contain orders that show he was previously awarded the Purple Heart, nor does his record contain any documentation pertaining to the treatment of any wounds or injuries he sustained during his service in Vietnam. 6. A review of the Adjutant General's Office Casualty Division's Vietnam Casualty Roster does not show the applicant's name as a combat casualty. 7. A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart. Board Discussion: After reviewing the application and all supporting evidence, the Board found that relief was not warranted. Based upon a review of the military record, there was no corroborating evidence of the applicant’s statement showing he was injured while serving in Vietnam. Board Vote: Member 1 Member 2 Member 3 : : : Full Grant : : : Partial Grant : : : Formal Hearing Grant 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 that 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, 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. 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. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action * Injury caused by enemy placed mine or trap * Injury caused by enemy released chemical, biological, or nuclear agent * Injury caused by vehicle or aircraft accident resulting from enemy fire * Concussion injuries caused as a result of enemy generated explosions ABCMR Record of Proceedings (cont) AR20170013646 0 0 2