IN THE CASE OF: BOARD DATE: 18 March 2010 DOCKET NUMBER: AR20090017264 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, in effect, award of the Purple Heart and awards and decorations for his service in Vietnam. He also requests that his DD Form 214 (Report of Separation from Active Duty) be corrected to show his service in Vietnam. 2. The applicant states, in effect, that his DD Form 214 does not show his service in Vietnam from July 1973 to March 1974, that he was wounded in action, or his awards and decorations for his service in Vietnam. He contends that he still has a round [shrapnel] in his left leg that gives him problems, that he does not want any money, and that he just wants his DD Form 214 corrected. 3. The applicant provides no documentary evidence 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 enlisted in the Regular Army on 22 January 1973 for a period of 3 years. He trained as a food service specialist. He was honorably released from active duty on 21 January 1976 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. 3. The applicant's DD Form 214 shows the National Defense Service Medal as an authorized award. 4. There is no evidence in the available records which shows the applicant was awarded the Purple Heart or that he was wounded as a result of hostile action. 5. There is no evidence of record which shows the applicant served in Vietnam. 6. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) covering the period 22 January 1973 through 24 December 1974 does not show any assignments in Vietnam. 7. Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) is blank. 8. 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. 9. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. 10. Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device  (1960). This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. Although the applicant contends that he was wounded in action in Vietnam, there is no evidence of record which shows he served in Vietnam. There are no orders for the Purple Heart or any evidence that he was wounded as a result of hostile action. Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case. 2. Since there is no evidence of record which shows the applicant served in Vietnam, there is no basis for granting his request for Vietnam awards or to amend his DD Form 214 to show service in Vietnam. 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) AR20090017264 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090017264 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1