IN THE CASE OF: BOARD DATE: 10 December 2015 DOCKET NUMBER: AR20150003922 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 17 February 1972 to show award of the Purple Heart and Army Commendation Medal (ARCOM) with "V" Device. 2. The applicant states these awards are not listed on his DD Form 214. 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. The applicant enlisted in the Regular Army on 15 May 1970 for a period of 3 years. He served as an infantry indirect fire crewman in Vietnam from 26 October 1970 to 25 October 1971. On 17 February 1972, he was honorably released from active duty. 3. His DD Form 214 for the period ending 17 February 1972 does not show the Purple Heart or ARCOM with "V" Device as authorized awards. 4. There are no orders for the Purple Heart or ARCOM with "V" Device in his available records. 5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank. Item 41 (Awards and Decorations) does not show the Purple Heart or ARCOM with "V" Device as authorized awards. 6. His name is not listed on the Vietnam casualty roster. 7. He again enlisted in the Regular Army on 30 August 1973. He was discharged under other than honorable conditions on 20 February 1974. 8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. b. The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with the ARCOM. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he was awarded the Purple Heart. 2. Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart and all other awards. The Purple Heart requires evidence to verify the wound was the result of hostile action, treatment of the wound by military medical personnel, and documentation of the wound in official records. 3. There is no evidence of record and he provided no evidence showing he was awarded the Purple Heart or he was wounded as a result of hostile action in Vietnam. Therefore, there is insufficient evidence in which to base adding award of the Purple Heart to his DD Form 214 for the period ending 17 February 1972. 4. The applicant's contention he was awarded the ARCOM with "V" Device was noted. However, since there are no orders for the ARCOM with "V" Device in the available records and he provided no evidence showing he was awarded the ARCOM with "V" Device, there is insufficient evidence on which to base adding this award to his DD Form 214 for the period ending 17 February 1972. 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) AR20150003922 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003922 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1