IN THE CASE OF: BOARD DATE: 5 November 2015 DOCKET NUMBER: AR20150004484 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. 2. The applicant states he was assigned to a duster unit in Vietnam when they were firing on enemy bunkers. They had a cook-off on the right side gun and after performing the required procedure, the breech was opened and the shell exploded. He was wounded as a result of the incident but he was never awarded the Purple Heart. 3. The applicant provides no documentary evidence in support of his request. 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 6 November 1968. 3. His DA Form 20 (Enlisted Qualification Record) reveals the following: * Item 31 (Foreign Service) shows he served in the Republic of Vietnam from 8 June 1969 to 10 June 1970 * Item 40 (Wounds) of his DA Form 20 is blank * Item 41 (Awards and Decorations) does not contain an entry that indicates he was previously awarded the Purple Heart 4. There is no evidence in his military records that indicates he was treated for a combat-related wound. 5. He was honorably released from active duty on 11 June 1970. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not contain an entry that indicates he was previously awarded the Purple Heart. 6. A review of the Adjutant General's Office Casualty Division's Vietnam Casualty Roster does not show the applicant's name as a combat casualty. 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 U.S. Army Human Resources Command, failed to reveal orders for the Purple Heart pertaining to the applicant. 8. 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: The applicant's DA Form 20 contains no entries indicating he was wounded in action and there is no evidence in his military records that indicates he was treated for a combat-related wound. His name is not listed on the Vietnam casualty roster. The governing regulation requires that substantiating evidence must be provided to verify the injury was the result of hostile action and the injury required treatment by medical personnel. There is no such evidence in his military records. 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) AR20150004484 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004484 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1