RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 January 2008 DOCKET NUMBER: AR20070011339 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Ms. Rene’ R. Parker Analyst The following members, a quorum, were present: Mr. Frank Jones Chairperson Ms. LaVerne Douglas Member Mr. Michael Flynn Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award of the Purple Heart. 2. The applicant states, in effect, that he was awarded the Purple Heart in April 1967 while serving in A Company, 6th Battalion, 27th Field Artillery. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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. Records show the applicant enlisted in the Regular Army on 21 September 1964 and through a series of reenlistments was retired on 30 November 1985. The applicant served in the Republic of Vietnam from 24 September 1966 to 23 September 1967 and 10 October 1969 to 20 September 1970. 3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, does not show award of the Purple Heart. The applicant's military service records do not contain any general orders awarding him the Purple Heart. 4. The applicant's name is listed on the Vietnam Casualty Roster. The roster verified that the applicant was wounded as a result of hostile fire on 11 July 1967. 5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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 military medical personnel and the medical treatment must have been made a matter of official record. This regulation also states that there is no time limit on requests for award of the Purple Heart. DISCUSSION AND CONCLUSIONS: The Vietnam Casualty Roster shows the applicant was wounded as a result of hostile fire on 11 July 1967. Therefore, he is entitled to the award of the Purple Heart for wounds sustained on 11 July 1967. BOARD VOTE: __FJ____ __LD ___ __MF ___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show he was awarded the Purple Heart for wounds sustained on 11 July 1967. _______Frank Jones__________ CHAIRPERSON INDEX CASE ID AR20070011339 SUFFIX RECON YYYYMMDD DATE BOARDED 20080108 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 107.00 2. 3. 4. 5. 6.