IN THE CASE OF: BOARD DATE: 6 March 2014 DOCKET NUMBER: AR20130012034 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 that he be awarded the Purple Heart and that it be added to his records. 2. The applicant states that he was wounded in combat in Vietnam on 6 June 1971, but he was not awarded the Purple Heart. He sought help while in the service and he was told it would be investigated; however, he never received a response. 3. The applicant provides no additional documents with 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’s records, though somewhat incomplete regarding his Regular Army (RA) service, show that he enlisted in the RA on 15 June 1970 for a period of 3 years. 3. He completed his training as a light weapons infantryman and then airborne training at Fort Benning, Georgia. He served in Vietnam during the period 3 March to 2 August 1971. 4. On 14 June 1973, he was honorably released from active duty (REFRAD) at Fort Campbell, Kentucky due to the expiration of his term of service. He had served 3 years of total active service and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal with two campaign stars, and the Combat Infantryman Badge. 5. A review of the available records failed to show any evidence that he was wounded or injured or that treatment was made a matter of record. Additionally, his name is not listed on the Vietnam Casualty Listing. 6. The applicant was transferred to the U.S. Army Reserve where he served through a series of continuous reenlistments and on 5 December 2010 he was transferred to the Army of the United States Retired List in the pay grade of E-6. 7. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments. The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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. While the sincerity of the applicant's claim that he was wounded in Vietnam is not in doubt, he has failed to show through the evidence of record or evidence submitted with his application that such was the case. 2. Therefore, in the absence of evidence to show he was wounded as a result of enemy action and treatment for such wounds were made a matter of record, there appears to be no basis to grant his request to award the Purple Heart. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ____x___ ___x ____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ _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) AR20130012034 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130012034 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1