IN THE CASE OF: BOARD DATE: 12 April 2016 DOCKET NUMBER: AR20150008594 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 (PH). 2. The applicant states he was wounded in his right leg in Vietnam and medically evacuated to Okinawa and Hawaii. 3. The applicant provides no documents in support of his application. 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 1 April 1966. He was trained in and served in military occupational specialty 64B (Heavy Vehicle Driver). 3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 28 November 1966 to 1 July 1967 and in Hawaii from 21 July 1967 to 29 March 1968. Item 40 (Wounds) contains no entries. 4. The applicant's record contains the following two documents, dated 1 February 1968, prepared during his separation examination as indicated: a. Standard Form 88 (Report of Medical Examination) shows in item 74 (Summary Defects and Diagnoses) that the applicant had a shrapnel scar to his right popliteal space [of or relating to the back part of the leg behind the knee joint]; and b. Standard Form 89 (Report of Medical History) shows in item 33 (Have You Ever Had Any Illness or Injury Other Than Those Already Noted) and item 39 (Physicians Summary and Elaboration of all Pertinent Data) that the applicant sustained a shrapnel wound in his right leg in the RVN in March 1967, and that it was healed. 5. On 26 March 1968, the applicant was honorably released from active duty after completing 1 year, 11 months, and 26 days of creditable active duty service. The DD Form 214 issued at that time lists the following awards in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal 6. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster. There is no entry pertaining to the applicant in this list of RVN casualties. 7. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the PH. ADCARS is 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. 8. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH. It states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and that medical treatment was made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he should be awarded the PH. There is insufficient evidence to support this claim. 2. The medical evidence of record confirms the applicant sustained a shrapnel wound to his right leg while serving in the RVN in March 1967. However, the available evidence does not confirm his wound was the result of enemy action. Furthermore, he has not provided any other documentary evidence that indicates how he sustained his wound. 3. Item 40 of the applicant's DA Form 20 is blank. The applicant's name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties. Absent evidence to corroborate that he was wounded as a result of enemy action, the evidence is insufficient and the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case. 4. The applicant and all others concerned should know that this action related to award of the PH in no way diminishes the sacrifices made by him 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) AR20150008594 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008594 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1