IN THE CASE OF: BOARD DATE: 16 December 2008 DOCKET NUMBER: AR20080009738 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, in effect, that he be awarded the Purple Heart. 2. The applicant states, in effect, that he was in a firefight on Hill 875 in late November 1967 and that he was wounded on his left leg above the knee with shrapnel. 3. The applicant provides a copy of a letter from a combat medic in support of his request. 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's record shows he was inducted on 2 November 1966. He was trained as a Light Weapons Infantryman in military occupational specialty (MOS), 11B. 3. The applicant served in Vietnam from 25 November 1967 to 24 October 1968. He was promoted to pay grade E-4 on 10 April 1968. He served until he was honorably released from active duty on 18 October 1968.  4. The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Combat Infantryman Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and one Overseas Service Bar. His DD Form 214 does not show any additional awards. 5. The applicant's DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and the Purple Heart is not shown as an authorized award in item 41 (Awards and Decorations).  6. The applicant's name does not appear on the Vietnam Casualty Roster for a wound received as a result of hostile action. 7. The ADCARS (Awards and Decorations Computer Assisted Retrieval System) failed to show that orders were published awarding the applicant the Purple Heart. 8. The applicant provided a copy of a letter from a combat medic who served with Company D, 1st Battalion, 12th Infantry Regiment, 4th Infantry Division. He stated that as a medic in the Republic of Vietnam, he remembered the applicant being wounded by shrapnel. He cleaned and bandaged the applicant's wound as best as he could. He was sent out to a medical unit. He was always afraid of infection caused by the jungle and the filth around them. The medic concluded that this was his account of what happened to the applicant at the time in Vietnam. 9. Army Regulation 600-8-22 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. To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as a 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. 2. The applicant is not listed on the Vietnam Casualty List and there are no medical records available to show that he was treated for a wound as a result of hostile action. 3. The applicant claims that he was in a firefight on Hill 875 in late November 1967 and was wounded on his left leg above the knee with shrapnel. 4. The applicant provided a statement from a combat medic, who was serving in Vietnam, with Company D, 1st Battalion, 12th Infantry, 4th Infantry Division, who alleges he remembered the applicant being wounded by shrapnel. The combat medic continued to elaborate on the events that occurred after the wound. However, the combat medic, nor the applicant, provided evidence to show that this medical treatment was made a matter of official record. This uncorroborated evidence alone does not support award of the Purple Heart to the applicant. 5.  In order to justify correction of a military record, the applicant must show, to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement. 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) AR20080009738 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080009738 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1