IN THE CASE OF: BOARD DATE: 24 April 2012 DOCKET NUMBER: AR20110020184 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 believes the fragment wound to his right leg combined with the 7-day stay at the 3rd Field Hospital in Saigon, Vietnam, was overlooked. 3. The applicant provides: * Department of Veterans Affairs rating decision * Clinical record cover sheet * Abbreviated clinical record 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's records show he enlisted in the Regular Army on 21 October 1969 and he held military occupational specialty 11B (Light Weapons Infantryman). He served in Vietnam from 9 July 1970 to 17 April 1971. He was assigned to B Company, 1st Battalion, 27th Infantry. 3. Medical records show on 2 March 1971, he was hit by fragments from a B-40 round. He was admitted to the 3rd Field Hospital in Saigon, Vietnam. He underwent debridement and irrigation of his wound and he was released to duty on 9 March 1971. 4. He underwent a separation physical on 2 July 1971 at Fort Riley, KS. The military doctor indicated in item 74 (Summary of Defects and Diagnosis) of his Standard Form 88 (Report of Medical Examination) that he suffered a fragment wound to the right calf in Vietnam. 5. He was honorably released from active duty on 20 October 1971. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) did not list award of the Purple Heart. 6. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect a combat wound. 7. His records do not contain general orders which authorized him award of the Purple Heart. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart. 8. His name is not shown on the Vietnam casualty roster. 9. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart for him. 10. He applied for award of the Purple Heat to the U.S. Army Human Resources Command (HRC) but after a review of the Vietnam era historical records of the 1st Battalion, 27th Infantry, HRC officials could not find official orders awarding him the Purple Heart. However, he was issued a DD Form 215 (Correction to DD Form 214) that added other awards as well as his correct dates of service in Vietnam. 11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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: Medical records show the applicant was wounded in action in Vietnam on 2 March 1971 when he was hit with a fragment wound to his right leg and he was treated at the 3rd Field Hospital in Vietnam. Therefore, he is entitled to award of the Purple Heart and correction of his records to show it. BOARD VOTE: ___X____ ___X ___ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds received in action on 2 March 1971 and adding it to his DD Form 214. _______ _ 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) AR20110020184 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110020184 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1