BOARD DATE: 10 September 2009 DOCKET NUMBER: AR20090006882 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart for wounds received in the Republic of Vietnam. 2. The applicant states that he received the Purple Heart during his assignment with the 11th Armored Cavalry Regiment in 1966 or 1967. He was transferred to the 9th Infantry Division and the award never caught up with him prior to his discharge. 3. The applicant provides no documentation 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. On 10 November 1965, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and he was awarded military occupational specialty (MOS) 11E (Armor Crewman). 3. On 21 May 1966, the applicant was assigned for duty as an armor crewman with the 3rd Squadron, 11th Armored Cavalry Regiment, located at Fort George G. Meade, MD. 4. On 20 August 1966, the applicant was reassigned with his unit to the Republic of Vietnam. 5. On 17 April 1967, the applicant was reassigned for duty as an armor crewman with the 3rd Squadron, 5th Cavalry Regiment, 9th Infantry Division. 6. On 16 August 1967, he returned to the United States. 7. On 17 August 1967, the applicant was released from active duty. He had attained the rank/grade of specialist five (SP5)/E-5, and he had completed 1 year, 9 months, and 8 days of creditable active duty. 8. 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. 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 awarding the applicant the Purple Heart. 10. The applicant’s name is not listed on the Vietnam Casualty Roster. 11. Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank. Item 41 (Awards and Decorations) of this same form does not show award of the Purple Heart. 12. 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. The applicant contends that he was awarded the Purple Heart while serving in the Republic of Vietnam and that his DD Form 214 should be corrected to add this award. 2. There are no available general orders showing that the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam Casualty Roster. The applicant has not provided any documented evidence or convincing argument showing that he was wounded in action or that he received any medical treatment for such wounds. 3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement. 4. In view of the foregoing, there is no basis for granting the applicant's request. 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) AR20090006882 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090006882 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1