BOARD DATE: 7 June 2011 DOCKET NUMBER: AR20110001248 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 wounded in action in Vietnam and would like to receive full Department of Veterans Affairs benefits. 3. The applicant provides no additional evidence. 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 record shows the applicant was inducted into the Army of the United States on 5 January 1966. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman). 3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 16 June 1966 through 12 June 1967. Item 38 (Record of Assignments) shows he served with Company C, 1st Battalion, 18th Infantry, 1st Infantry Division, performing duties in MOS 11B as a rifleman during his tour of duty in the Republic of Vietnam. Item 41 (Awards and Decorations) does not show he was awarded the Purple Heart. 4. The applicant's official military personnel file is void of any orders or documents that indicate he was awarded the Purple Heart by proper authority while serving on active duty. It also contains no medical records showing he was ever wounded in action or treated for a wound received as a result of enemy action. 5. On 4 January 1968, the applicant was honorably released from active duty in the temporary rank of specialist four/E-4 after completing 2 years of active military service. The DD Form 214 he received does not include the Purple Heart in the list of awards contained in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized). 6. During the processing of this case, a member of the Board staff reviewed the Department of the Army Vietnam casualty roster. The applicant's name is not included on the roster. 7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 2-8 contains guidance on the Purple Heart and states the Purple Heart is awarded to members wounded in action. It also states that in order to award the Purple Heart there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention he should be awarded the Purple Heart has been carefully considered. However, the evidence of record fails to support his claim. 2. In order to support award of the PH, the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound must have required medical treatment by military medical personnel, and this medical treatment must have been made a matter of official record. 3. The Purple Heart is not included in the list of earned awards in item 41 of his DA Form 20. The record contains no medical treatment records or other documents that confirm the applicant was ever wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the Republic of Vietnam. The regulatory burden of proof necessary to support award of the Purple Heart has not been met. Therefore, it would not be appropriate to award the applicant the Purple Heart. 4. The applicant and all others concerned should know this action related to award of the Purple Heart in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. 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 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) AR20110001248 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110001248 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1