IN THE CASE OF: BOARD DATE: 20 AUGUST 2009 DOCKET NUMBER: AR20090005485 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 that the Purple Heart award is not reflected on his military records. He is filing a claim for benefits and he needs proof of being on active duty. 3. In support of his application, the applicant provides a completed VA Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative). 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's military records show he was inducted into the Army of the United States in pay grade E-1 on 27 February 1968 for 2 years. He completed his basic combat and advanced training and he was awarded military occupational specialty (MOS) 11D (Armor Intelligence Specialist). He was honorably discharged from active duty in pay grade E-4 on 13 November 1968 for the purpose of immediate enlistment. He enlisted on 14 November 1968 for 4 years. He was again honorably discharged from active duty on 2 September 1969, for the purpose of immediate reenlistment. He reenlisted on 3 September 1969 for 6 years. 3. The applicant served in the Republic of Vietnam from 21 July 1970 to 16 July 1971. 4. The applicant was honorably discharged from active duty in MOS 11C (Infantry Indirect Fire Crewman), in pay grade E-4 on 12 September 1975 at the expiration of his term of service. 5. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 12 September 1975 does not list the Purple Heart. 6. There is no entry in Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) showing he was wounded in action as a result of hostile enemy action. Item 41 (Awards and Decorations) of his DA Form 20 contains no entry showing he was awarded the Purple Heart. 7. There are no orders in the applicant's military personnel records awarding him the Purple Heart. 8. The Vietnam Casualty Listing was reviewed to determine if the applicant had been wounded in action while he served in Vietnam. The applicant's name is not shown in this list. 9. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant. 10. 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 medical personnel, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. 2. There is no evidence, and the applicant provided none, to show that he was wounded as a result of hostile action. The applicant's name does not appear on the Vietnam casualty listing. There were no entries made in his service personnel records to show he was wounded as a result of hostile action and no orders were published to award him the Purple Heart. 3. Regrettably, based on the evidence in this case there is insufficient evidence on which to base award of the Purple Heart to the applicant or to have the Purple Heart added to his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____XXX____ ___XXX_____ ____XXX____ 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. __________XXX_____________ 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) AR20090005485 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090005485 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1