IN THE CASE OF: BOARD DATE: 23 August 2012 DOCKET NUMBER: AR20120003525 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 his DD Form 214 (Report of Separation from Active Duty) failed to show award of the Purple Heart. 3. The applicant provided a copy of his DD Form 214, a self-authored statement, and a copy of a printout from the Houston Department of Veterans Affairs Medical Center (VAMC). 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 enlisted in the Regular Army on 4 March 1971. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63B (Light-Wheel Vehicle Mechanic). 3. His records show he served in Vietnam with Headquarters Battery, 2nd Battalion, 11th Armored Cavalry Regiment and with Maintenance Company, 215th Combat Support Battalion, 3rd Brigade, 1st Cavalry Division from 1 October 1971 to 21 April 1972. He was honorably released from active duty on 3 May 1974. 4. His DD Form 214 does not show award of the Purple Heart. 5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect a combat wound or injury and item 41 (Awards and Decorations) does not show award of the Purple Heart. 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 Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to show that orders were published awarding the applicant the Purple Heart. 8. The applicant provided a self-authored statement in which he states, in effect, he received shrapnel to his forehead while serving in Vietnam moving from Fire Base Andrews. He indicated they were moving equipment to Blen Hoa and stopped in a small village to disengage the final drives on equipment. He had gotten down to disengage the final drives when 6 to 8 insurgents opened fire and green tracer rounds came flying all around him which bounced off the M-88 (large recovery vehicle). He then felt a horrible sting like burning on his forehead, and was informed by one of his troops that his head was bleeding. 9. He provided a copy of a printout from the Houston VAMC which identified a previous injury. 10. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 contention he should be awarded the Purple Heart was carefully considered. However, there is insufficient evidence to grant him relief in this case. 2. The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by personnel, and the medical treatment must have been made a matter of official record. 3. The printout from the VAMC identified a previous injury. 4. The applicant's name is not listed on the Vietnam Casualty Roster. As a result, absent evidence the injury received by the applicant was the result of enemy action and required treatment the regulatory burden of proof necessary to support award of the PH has not been satisfied. 5. This action in no way diminished the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. 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) AR20120003525 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120003525 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1