BOARD DATE: 9 August 2011 DOCKET NUMBER: AR20110002902 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 two Purple Hearts. 2. He states he received two wounds in Vietnam – a wound to his right foot from incoming fire on 2 September 1967 and a shrapnel wound to his left foot on 4 September 1967. Both wounds were documented and treated. He states he recalls Soldiers were to request the Purple Heart themselves. He did not, considering his wounds were minor relative to friends who had lost arms and legs. He is now facing several medical issues and would like to apply for award of the Purple Heart. 3. He provides copies of a Standard Form 600 (Chronological Record of Medical Care) and his DD Form 214 (Armed Forces of the United States 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 was inducted into the Army of the United States on 30 September 1966. He was honorably released from active duty on 27 September 1968 after completing 1 year, 11 months, and 28 days of total active service. 3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he was credited with service in Vietnam from 21 May 1967 through 19 May 1968. Item 40 (Wounds) shows no entries. 4. His name does not appear on the Vietnam casualty list. 5. A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant. 6. His service medical records are not available to the Board for review. The Standard Form 600 he provides shows he received a laceration between the fourth and fifth toe of his right foot on 2 September 1967 and a slight incision on a toe of his left foot on 4 September 1967. The form does not show the cause of the injuries. 7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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: The evidence of record shows the applicant received an injury to his right foot on 2 September 1967 and an injury to his left foot on 4 September 1967. However, the evidence of record does not show he incurred these injuries in action against an enemy or as a result of hostile action. In the absence of such evidence, regrettably, there is an insufficient basis for awarding him the Purple Heart or correcting his DD Form 214 to show award of the Purple Heart. 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) AR20110002902 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110002902 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1