IN THE CASE OF: BOARD DATE: 15 November 2011 DOCKET NUMBER: AR20110010020 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. 2. The applicant states he was in Vietnam, on a patrol, when a mortar round exploded near his position. He was hit in the mouth. One of his front teeth was broken and his jaw was damaged. The unit was in a controlled area and he could not be air lifted out for medical care. He was attended by a medic. 3. The applicant provided a copy of his DD Form 214 and statement from another Soldier who was with the applicant during the incident. 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 on 6 September 1967. He completed his training and was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. His records show he was assigned to the 1st Battalion, 8th Cavalry, 1st Cavalry Division [Vietnam] from 28 February 1968 through 14 February 1969. 4. On 5 September 1969, the applicant was honorably released from active duty as a sergeant/E-5. He had completed 2 years of creditable active duty service. 5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not list the Purple Heart. 6. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. Item 40 (Wounds): Blank b. Item 41 (Awards and Decorations): the Purple Heart is not listed. 7. The witness statement provided by the applicant explains that on or about 21 August 1968 the unit was receiving mortar rounds from 300 meters from the rear. The applicant sustained injuries from pieces of shrapnel that resulted from the mortar rounds. His injuries were to this mouth; a broken tooth and a cut on the jaw. The applicant continued in the firefight against the enemy without being evacuated. 8. The applicant’s records contain a Standard Form (SF) 88 (Report of Medical Examination) and SF 89 (Report of Medical History) which were completed on 8 August 1969 prior to his separation. Neither form lists any injury or medical treatment he received while on active duty. 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. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. The witness statement clearly reports that the applicant received some injuries as a result of the explosion. However, there is no official record showing medical treatment for any such wounds, and such a record of treatment is a regulatory requirement. 2. Furthermore, the 8 August 1969 physical examination does not list any injury or medical treatment the applicant received while on active duty. 3. In view of the above, the applicant's request should be denied. 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) AR20100010582 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110010020 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1