IN THE CASE OF: BOARD DATE: 9 September 2010 DOCKET NUMBER: AR20100009692 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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart. 2. The applicant states: * He was wounded and received shrapnel in the left side of his chest during a firefight on 28 February 1967 in Vietnam and he was awarded the Army Commendation Medal with "V" Device * He should have been awarded the Purple Heart 3. The applicant provides orders for the Army Commendation Medal with "V" Device 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 was inducted into the Army of the United States on 10 August 1966. He served as a light weapons infantryman in Vietnam from 7 January 1967 to 8 January 1968. 3. The applicant was awarded the Army Commendation Medal for heroism on 28 February 1967. The award citation does not indicate he was wounded during that action. 4. On 9 August 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation. 5. The applicant's DD Form 214 does not show the Purple Heart as an authorized award. 6. There are no orders for the Purple Heart in the applicant’s service personnel records. 7. The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank. The applicant's name does not appear on the Vietnam Casualty Roster. 8. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for award of the Purple Heart. 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. The applicant contends he was wounded and received shrapnel in the left side of his chest during a firefight on 28 February 1967 in Vietnam. 2. The orders for the Army Commendation Medal with "V" Device for heroism on 28 February 1967 in Vietnam were noted. However, the citation for this medal does not state the applicant was injured or wounded as a result of hostile action on that day. 3. There is no evidence of record which shows the applicant was wounded or injured as a result of hostile action in Vietnam. There are no orders for the Purple Heart in the available records. Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case. 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) AR20100009692 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100009692 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1