IN THE CASE OF: BOARD DATE: 12 June 2014 DOCKET NUMBER: AR20130017304 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 and correction of his DD Fporm 214 (Report of Transfer or Discharge to show this award. 2. The applicant states he was injured while serving in the Republic of Vietnam. He sustained the combat injury about 30 days prior to his scheduled rotation date and he was hospitalized in the field. He never received the Purple Heart. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 25 August 1966. He was awarded military occupational specialty 12B (Combat Engineer). 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service): Vietnam (13 January 1967 through 11 January 1968); b. item 38 (Record of Assignments): * Headquarters and Headquarters Company, 65th Engineer Battalion (16 January through 21 January 1967) * Company B, 65th Engineer Battalion (22 January 1967 through 8 January 1968) c. item 40 (Wounds) is blank (no entries); and d. item 41 (Awards and Decorations) does not list the Purple Heart. 4. The applicant's DD Form 214 shows he was honorably released from active duty on 22 August 1969. 5. A review of the applicant's military personnel record failed to reveal any orders or other evidence that show he was awarded the Purple Heart. 6. A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster failed to reveal the applicant's name. 7. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant. 8. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. The Purple Heart is awarded to any member who was wounded or killed in action or as a result of enemy action. A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy. In order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. The applicant's claim to the Purple Heart was carefully considered. a. The applicant provides no military medical records that show he was injured as a result of enemy action. b. His available military personnel and medical records do not show any evidence that he was wounded or injured in action as a result of a hostile act of the enemy. c. The applicant's name is not listed on the Vietnam casualty roster. d. Thus, the evidence of record does not support the applicant's claim. 2. Therefore, in view of the foregoing, there is an insufficient evidentiary basis to grant the applicant's request. 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) AR20130017304 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130017304 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1