IN THE CASE OF: BOARD DATE: 27 August 2013 DOCKET NUMBER: AR20130003140 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, in effect, the Purple Heart (PH) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states: * He is requesting the PH for injuries sustained from an anti-personnel mine in the Republic of Vietnam (RVN) * He was awarded the PH at a bedside pinning while in the hospital in Japan, but it was not documented on his DD Form 214 * His service treatment records reflect the combat nature of his injury and a severity level more than sufficient to be eligible for the award 3. The applicant provides no supporting documents. 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 15 April 1968 and was trained in and awarded military occupational specialty (MOS) 95B (Military Policeman). He was released from active duty on 14 April 1971. 3. The applicant's DD Form 214 shows: * National Defense Service Medal (NDSM) * Armed Forces Expeditionary Medal (AFEM) * Army Good Conduct Medal (AGCM) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Pistol Bar (.45) 4. Item 31 of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Korea (ROK) for 13 months. There is no entry on the DA Form 20 for foreign service in the RVN. 5. The applicant’s Army Military Human Resource Record (AMHRR) is void of orders showing he was awarded the PH or documents indicating he was wounded in action in the RVN. It is also void of medical treatment records indicating he was ever treated for a combat-related wound. Item 40 (Wounds) of the applicant’s DA Form 20 is blank, and the PH is not included in the list of earned awards in item 41 (Awards and Decorations). 6. Review of the Adjutant General's Office, Casualty Division's casualty listing fails to show the applicant's name as a casualty. 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 PH pertaining to the applicant. 7. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. It states the PH is awarded to members wounded in action. It also states in order to award the PH there must be evidence of the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment was made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. The applicant's request to be awarded the PH based on wounds received while on active duty has been carefully considered. However, there is insufficient evidence to support this claim. 2. There is no evidence in the the applicant AMHRR to show he served in the RVN. The applicant’s records show he served in the ROK for 13 months. 3. By regulation, in order to support award of the PH the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound must have required medical treatment by medical personnel, and this medical treatment must have been made a matter of official record. 4. Item 40 of the applicant’s DA Form 20 is blank. Further, there are no documents in the applicant's AMHRR that indicate he was treated for a combat-related wound by medical personnel during a tour of duty in the RVN. 5. Absent any evidence confirming the applicant served in the RVN or was wounded in action in the RVN, it would not be appropriate to award the applicant the PH. 6. The applicant and all others concerned should know this action related to award of the PH in no way diminishes the sacrifices made by him 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) AR20130003140 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130003140 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1