BOARD DATE: 22 May 2014 DOCKET NUMBER: AR20130016285 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 for wounds he received in combat in Vietnam. 2. The applicant states he has grenade fragments lodged in his right thigh from an injury he sustained while on a search and destroy mission in Vietnam. He contends his commanding officer overlooked his injury. 3. The applicant provides no additional evidence. 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. On 24 November 1965, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 38 (Record of Assignments) – he was assigned to duty in Vietnam with Company A, 2d Battalion, 7th Cavalry Regiment, 1st Cavalry Division, from 9 May 1966 to 6 May 1967 * item 40 (Wounds) – no entries showing he was wounded * item 41 (Awards and Decorations) – no entry for the Purple Heart 4. The applicant's records contain a DA Form 2173 (Statement of Medical Examination and Duty Status) which shows he sustained a fragment wound to his right thigh on 16 December 1966 in the Republic of Vietnam. His injury was determined to be in the line of duty. The applicant and his platoon sergeant provided statements regarding the circumstances of his injury. a. The applicant stated his platoon sergeant told the squad leaders to have the Soldiers fire M-79 grenade rounds at a system of bunkers. He fired from a standing position at a bunker about 20 meters away and the explosion wounded his leg. b. His platoon sergeant stated he directed the grenadiers to fire at the enemy positions. The applicant was 20 meters distance from one bunker when he fired from a standing position. The explosion wounded him in the leg. He noted that he had repeatedly stressed the fact that the grenadier should use the prone position to preclude being hit by fragments when firing the M-79 at close range. 5. On 22 November 1967, he was honorably released from active duty. 6. His military records do not contain documentation indicating he was wounded in action or was awarded the Purple Heart. 7. The applicant's name is not shown on the Vietnam casualty list. 8. A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for the Purple Heart pertaining to the applicant. 9. Army Regulation 600-8-22 (Military Awards) states 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: The evidence of record shows the applicant sustained fragment wounds to his right thigh. The evidence further shows that his injury was incurred when he fired his grenade launcher from the standing position at a system of enemy bunkers 20 meters from his position. There is no evidence showing these bunkers were occupied by the enemy at the time or that his injury was the result of hostile action warranting award of the Purple Heart. In the absence of such evidence, there is no basis for awarding him the Purple Heart. 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 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) AR20130016285 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130016285 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1