IN THE CASE OF: BOARD DATE: 23 September 2008 DOCKET NUMBER: AR20080004544 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 that the former service member (FSM) be awarded the Purple Heart. 2. The applicant contends that he was the FSM’s former commander when he was in Vietnam and he states that the FSM should be awarded the Purple Heart for a flesh wound that he received during an attack on his outpost, when he was in Vietnam. He states that the FSM treated himself and that he did not report the incident to the medical staff at Province Headquarters’ Medical Staff as he was advised to do. According to the applicant, the incident occurred on 28 July 1969. 3. The applicant provides in support of his application, a letter, dated 11 February 2008, addressed to the Army Review Board Agency, apologizing for failing to include the FSM’s social security number; a letter from the Army Review Boards Agency, Acting Chief, Support Division, St. Louis, Missouri, dated 26 January 2008, requesting that the FSM submit his social security number and/or service number to assist in further processing his application; a letter addressed to an individual in this Agency, dated 21 August 2008, granting him, as the FSM’s former commander, the authority to represent the FSM on the issue regarding the Purple Heart; and a California All-Purpose Acknowledgment from a Notary Public authenticating the FSM’s desire to be represented by him (the applicant). 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. On 25 January 1967, the FSM was inducted into the Army of the United States in Oakland, California. He successfully completed his training as an infantry operations and intelligence specialist. 3. After completing 1 year and 6 days of total active service, the FSM was honorably discharged on 31 January 1968 to accept a commission as a second lieutenant in the United States Army Reserve (USAR). 4. The DD Form 214 that he was furnished at the time of his discharge shows that he was awarded the National Defense Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Good Conduct Medal. 5. The FSM was commissioned as a second lieutenant in the USAR and he was ordered to active duty on 1 February 1968. He was transferred to Vietnam on 29 November 1968 and he was assigned as an infantry unit commander. 6. The FSM returned to the Continental United States on 24 December 1969. On 29 December 1969, he was honorably released from active duty (REFRAD) and he was transferred to the USAR Control Group (Annual Training). 7. The DD Form 214 that the FSM was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal, the Vietnam Campaign Medal, and two Overseas Service Bars. 8. A review of the available records, to include the Vietnam Casualty Listing, does not show that the FSM was ever wounded as a result of hostile action by enemy forces when he was in the Army. 9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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. DISCUSSION AND CONCLUSIONS: 1. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. 2. The FSM’s records do not support the applicant’s contention that he is entitled to the award of the Purple Heart. 3. The applicant’s contentions have been noted. However, there is no evidence in the available records, nor has he submitted any evidence to show that the FSM sustained a wound as a result of hostile action while he was in the Army. The Vietnam Casualty Listing does not show that the FSM was wounded in action when he was in Vietnam. In the absence of evidence to the contrary, it must be presumed that what the Army did in the FSM’s case was correct. 4. In view of the foregoing, there is no basis for granting the applicant's request. BOARD VOTE: ________ ________ ________ 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 that 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. ABCMR Record of Proceedings (cont) AR20080004544 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080004544 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1