IN THE CASE OF: BOARD DATE: 1 JULY 2009 DOCKET NUMBER: AR20090004024 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 and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states he sustained shrapnel wounds while serving on guard duty and failed to be awarded the Purple Heart. He also states that no one ever mentioned the process involved in applying for the Purple Heart and officers had no concerns whatsoever about those serving on guard duty that night. This award is pertinent in his claim for health benefits caused by service-connected injuries. 3. The applicant provides no additional documentation in support of his application. 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 records show he enlisted in the Regular Army (RA) in pay grade E-1 on 23 June 1971 for 2 years. He enlisted for U.S. Army, Vietnam. He completed his basic combat and advanced training and was awarded military occupational specialty (MOS) 13A (Field Artillery Basic). He served in Vietnam from 2 December 1971 to 23 June 1972. 3. The applicant was honorably released from active duty in pay grade E-4 on 19 January 1973, for non-fulfillment of enlistment contract (completion of 12 months in the Republic of Vietnam). He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. 4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart. 5. There is no entry in Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) showing he was wounded in action as a result of hostile enemy action. Item 41 (Awards and Decorations) of his DA Form 20 contains no entry showing he was awarded the Purple Heart. 6. There are no orders in the applicant's military personnel records awarding him the Purple Heart. 7. The Vietnam Casualty List was reviewed to determine if the applicant had been wounded in action while he served in Vietnam. The applicant's name is not shown in this list. 8. 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. To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as 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. 2. There is no evidence, and the applicant provided none, to show that he was wounded as the result of hostile action. The applicant's name does not appear on the Vietnam Casualty List. There are also no entries made in his service personnel records to show he was wounded as a result of hostile action and no orders were published to award him the Purple Heart. 3. The applicant's desire to have the Purple Heart and its addition to his DD Form 214 for his claim for service-connected health benefits is acknowledged; however, award of the Purple Heart cannot be granted solely because the applicant desires service-connected benefits. The criteria for award of the Purple Heart specified in the applicable regulation must be met in order that an award of the Purple Heart can be made. Regrettably, based on the evidence in this case there is insufficient evidence on which to base award of the Purple Heart to the applicant or to have the Purple Heart added to his DD Form 214. 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. __________XXX___________ 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) AR20090004024 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090004024 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1