IN THE CASE OF: BOARD DATE: 9 December 2010 DOCKET NUMBER: AR20100014501 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: * He was treated at the 8th Field Hospital in Vietnam for head trauma in July/August 1969 due to a mortar attack * He was also treated for a shoulder injury in November 1969 * An ammunition dump was hit by mortar and the explosion/fire caused havoc on the hospital and its records 3. The applicant provides: * Page 2 of an unidentified document * his DD Form 214 (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. The applicant enlisted in the Regular Army on 5 January 1967 for a period of 3 years. He served as a combat construction specialist in Vietnam from 30 November 1968 to 29 November 1969. On 30 November 1969, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. 3. The applicant's DD Form 214 does not show the Purple Heart as an authorized award. 4. There are no orders for the Purple Heart in the applicant’s service personnel records. 5. The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank. The applicant's name does not appear on the Vietnam casualty roster. 6. On 30 November 1969, the applicant underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam. Items 18 (Head, Face, Neck, and Scalp) and 35 (Upper Extremities) of his Standard Form (SF) 88 (Report of Medical Examination), dated 30 November 1969, show he was rated normal. 7. 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 award of the Purple Heart pertaining to the applicant. 8. In support of his claim, the applicant provided page 2 of an unidentified document which shows he reported he was treated for headaches and nerves in July/August 1969 at the 8th Field Hospital in Vietnam. He also reported he was treated for a shoulder injury prior to his release from the service. 9. 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 he was treated for head trauma and a shoulder injury in Vietnam. 2. There is no evidence of record which shows the applicant was wounded or injured as a result of hostile action in Vietnam. His SF 88, dated 30 November 1969, makes no mention of any injuries or wounds sustained as a result of hostile action. There are no orders for the Purple Heart in the available records. Regrettably, there is insufficient evidence in which to base award of the Purple Heart in this case. 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) AR20100014501 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100014501 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1