IN THE CASE OF: BOARD DATE: 27 May 2014 DOCKET NUMBER: AR20130017334 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 the Republic of Vietnam. 2. The applicant states he received the Army Commendation Medal in 1967; however, he never received the Purple Heart for shrapnel wounds he received. He states he still has shrapnel in his arm and hand, but no Purple Heart to show for it. In a separate statement, he adds: * he included a copy of General Orders Number 1245, issued by Headquarters, 1st Infantry Division on 9 February 1967, which show he was in "Tan Vegn," Republic of Vietnam, on 27 November 1966 * those general orders do not state he suffered shrapnel wounds during the incident; however, after all these years, the shrapnel is still in his body * his wife wants his children and grandchildren to know what he did during his Army service 3. The applicant provides: * his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * General Orders Number 1245, issued by Headquarters, 1st Infantry Division, on 9 February 1967 * a Radiology Report from the Department of Veterans Affairs (VA) Medical Center, Salt Lake City, UT * a statement of service from a VA benefits representative 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 25 May 1966, the applicant enlisted in the Regular Army. He completed his initial entry training and was awarded military occupational specialty 95B (Military Policeman). 3. On 6 May 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows several awards and decorations for his service in the Republic of Vietnam; however, it does not show he was awarded the Purple Heart. 4. His medical record is not available for review. His available personnel record is void of nearly all documentation related to his service in the Republic of Vietnam. More specifically, it does not contain any documentation indicating he was treated for wounds or injuries he sustained during his service in the Republic of Vietnam. His name does not appear on the Vietnam casualty roster. 5. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant. 6. He provides a Radiology Report from the VA Medical Center in Salt Lake City, UT, which shows he has shrapnel remaining in his arm and hand; however, this document does not definitively state the origin of the shrapnel. 7. 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 that verifies the wound resulted from hostile action, required treatment by medical personnel, and that treatment was made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he should be awarded the Purple Heart; however, neither his available record nor the Vietnam casualty roster provide any evidence that shows he was wounded during his period of service in the Republic of Vietnam. Additionally, there is no evidence he received any wounds as a result of hostile action that required treatment by medical personnel, or that the resulting medical treatment was made a matter of official record. 2. Regrettably, absent official documentation of his wounds and treatment there is an insufficient evidentiary basis for granting his requested relief at this time. 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) AR20100015543 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130017334 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1