IN THE CASE OF: BOARD DATE: 24 August 2010 DOCKET NUMBER: AR20100010906 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 he be awarded the Purple Heart. 2. The applicant states he received a laceration to his Achilles tendon during a bombardment north of Quan Tree City. His injury was sustained during hostile fire and he should be awarded the Purple Heart. 3. The applicant did not provide any additional documentary evidence 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. His military records show he was inducted into the Army of the United States on 21 January 1969. He completed training and was assigned military occupational specialty 36K (Field Wireman). He served in Vietnam from on or about 7 July 1969 to on or about 20 July 1969. 3. He was honorably released from active duty in pay grade E-4 on 26 June 1970, for the reason and authority of hardship and was transferred to the U.S. Army Reserve Control Group (Annual Training). 4. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was a patient on the following dates and locations: a. Medical Hold Company, U. S. Army 7th Field Hospital, USARPAC, on 20 July 1969, and b. Medical Hold Company, U. S. Army Hospital, Fort Gordon, GA, on 30 July 1969. 5. There is no entry in Item 40 (Wounds) of his DA Form 20 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 his military personnel records awarding him the Purple Heart. 7. His medical records were not available for review with this case. His name does not appear on the Vietnam Casualty Roster. 8. Army Regulation 600-8-22 (Military Awards) specifies 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's request for award of the Purple Heart was carefully considered; however, there is insufficient evidence to grant relief. 2. Army Regulation 600-8-22 specifies in order to support award of the Purple Heart, there must be evidence confirming the wound/injury for which the award is being made was received as a direct result of or was caused by enemy action, the wound/injury required treatment by medical personnel, and a record of this treatment must have been made a matter of official record. 3. The evidence of record confirms he was evacuated from Vietnam after approximately 30 days but does not clearly indicate his injury or wound was the result of hostile action and his name does not appear on the Vietnam Casualty Roster. 4. Absent corroborating evidence confirming his contention, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case. 5. In view of the foregoing, the applicant's request should be denied. 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) AR20100010906 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100010906 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1