BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150004085 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 Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. 2. The applicant states: a. When he was in Vietnam from January 1969 through January 1970, he was wounded during a mortar attack on the base of the 199th Infantry Brigade and received a piece of shrapnel in his right leg. He treated the wound himself and never reported it because he believed it may have caused him a problem. He was in the 179th Military Intelligence (MI) Detachment and did not want to leave the unit as it was believed you were soft if you went for medical treatment. He has the wound on his upper thigh. b. He now believes he should have reported it. He just recently reviewed his DD Form 214 after 40 years and the Army Commendation Medal (2nd Award) is listed. His medical records noted the wound was on his right thigh. He is now 67 years old and retired. He would like his grandchildren to be aware of what he did for his country during his service in Vietnam. c. He realizes he should have looked into this earlier; however, he was busy working and providing for his family and this was not on his agenda at that time. He has been through post-traumatic stress disorder (PTSD) therapy and now realizes the importance of facing what has happened to him. He has also been through prolonged exposure therapy due to PTSD and recently developed diabetes due to his exposure to Agent Orange exposure. 3. The applicant provides his DD Form 214 and Standard Form (SF) 88 (Report of Medical Examination). 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 22 January 1968 and he held military occupational specialty 71L (Administrative Specialist). He served in Vietnam from 14 January 1969 to 13 January 1970 while assigned to the 179th MI Detachment, 199th Infantry Brigade. 3. He provides an SF 88, dated 21 January 1971, wherein it shows he underwent a separation medical examination on 20 November 1970. The examining physician annotated the form to note the applicant had a scar on his right leg. 4. He was honorably released from active duty on 21 January 1971 and he was transferred to the U.S. Army Reserve. The DD Form 214 he was issued does not show award of the Purple Heart. 5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not contain an entry and item 41 (Awards and Decorations) does not show the Purple Heart. 6. A review of the Adjutant General's Office, Casualty Division's Vietnam casualty listing failed to show his name as a casualty. 7. There is no medical evidence in his available record that shows he was wounded as a result of hostile action. 8. Review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Purple Heart pertaining to the applicant. 9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that 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. The criteria for award of the Purple Heart require the submission of substantiating evidence to verify a Soldier received a wound/injury as a result of hostile action, the wound/injury required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 2. Notwithstanding the applicant's sincerity, his records are void of any evidence and he did not provide any evidence that shows he was wounded or injured as a result of hostile action. His name is not listed on the Vietnam casualty roster and his DA Form 20 does not indicate he received a combat-related wound. In the absence of conclusive evidence that shows he was wounded as a result of hostile action and treated for those wounds, regrettably, there is an insufficient evidentiary basis upon which to award the Purple Heart. 3. Nevertheless, this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. 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) AR20150004085 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004085 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1