BOARD DATE: 17 June 2014 DOCKET NUMBER: AR20130018848 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. 2. The applicant states he was given the Purple Heart on 21 June 1970 when he was in the 91st Evacuation Hospital at landing zone (LZ) Mary Ann in Vietnam. He thought the award was in his records. 3. The applicant did not provide any additional supporting documentation. 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 was inducted into the Army of the United States on 8 April 1969. He was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. Item 38 (Record of Assignments), he was assigned to Company A, 1st Battalion, 46th Infantry (Vietnam), from 26 December 1969 through 10 November 1970; and b. Item 41 (Awards and Decorations), no listing for the Purple Heart. c. Item 40 (Wounds) is blank. 4. On 14 November 1970, the applicant was honorably released from active duty. He completed 1 year, 7 months, and 7 days of totsl active service. 5. His DD Form 214 does not list award of the Purple Heart. 6. There is no evidence of record and the applicant has not provided any evidence that shows he was entitled to the Purple Heart at any time during his active duty service. 7. The applicant's medical records are not available and Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty. 8. 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 United States Army Human Resources Command, failed to reveal any 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: 1. There is no evidence of record and the applicant provided no evidence to support his contention that he was awarded the Purple Heart. 2. In the absence of corroborating evidence to show he was awarded the Purple Heart, there is an insufficient evidentiary basis for granting the applicant's requested relief. 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) AR20130018848 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1