IN THE CASE OF: BOARD DATE: 7 December 2010 DOCKET NUMBER: AR20100015268 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. 2. The applicant states he was offered a Purple Heart around March 1969 at LZ (landing zone) Baldie between Chu Lai and Da Nang, Vietnam. He states he turned it down back then but he wants it now. He was burned during a fire fight. 3. The applicant provides no additional evidence 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 2 February 1968. He completed basic combat and advanced individual training and he was awarded military occupational specialty 64A (Light Vehicle Driver). 3. The applicant served in the Republic of Vietnam from 18 July 1968 to 10 July 1969. 4. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank. 5. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart. 6. On 30 January 1970, the applicant was honorably released from active duty by reason of expiration of his term of service. He had completed 1 year, 11 months, and 29 days of total active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded the Purple Heart. 7. The applicant's separation Standard Form 88 (Report of Medical Examination) given on 12 December 1969 listed eight significant history notes. None of the notations shows he was treated for burns while in service. 8. The applicant's complete service medical records were not available for review. There are no orders in his military personnel records awarding him the Purple Heart. His name does not appear on the Vietnam Casualty Listing. 9. A 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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart for the applicant. 10. Army Regulation 672-5-1 (Military Awards), then in effect, provided that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who while serving under competent authority in any capacity with one of the U.S. Armed Services had been wounded, killed, or who had died as a result of 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. There are no orders in the applicant's official military personnel file or in ADCARS awarding him the Purple Heart. Item 40 of the applicant's DA Form 20 is blank and he is not listed on the Vietnam Casualty Listing. 2. The applicant's statement that he was burned in a fire fight was noted. However, there is no official documentation or any evidence provided by the applicant to corroborate his statement. His SF 88, while noting eight significant medical events, does not mention him being treated for burns. 3. In the absence of military records which show the applicant was injured as a result of enemy action, there is insufficient evidence upon 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) AR20100015268 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100015268 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1