IN THE CASE OF: BOARD DATE: 3 September 2013 DOCKET NUMBER: AR20130002021 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 that he be awarded the Purple Heart. 2. The applicant states that he was wounded in Vietnam on 2 December 1970 and was presented with the Purple Heart during “Stand-Down” at the end of the month; however, he was never given the orders to go with the medal. He goes on to state that he was X-rayed for shrapnel in the chest on 6 December 1970 in a hospital in Chu Lai. 3. The applicant provides illegible copies of letters sent to his home at the time, an illegible photograph, a statement from a member of his unit who was present and wounded at the same time and copies of documents from his records. 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 on 9 March 1970. He completed his one-station unit training as a light weapons infantryman at Fort Lewis, Washington and was transferred to Vietnam on 23 August 1970. 3. He was assigned to Company D, 3rd Battalion, 21st Infantry Regiment, 23rd Infantry Division for duty as an automatic rifleman. He was promoted to the rank of sergeant on 4 August 1971. 4. He departed Vietnam on 18 August 1971 for assignment to Fort Hood, Texas where he remained until he was honorably released from active duty (REFRAD) on 18 November 1971. He had served 1 year, and 8 months of active duty and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal, Army Commendation Medal with one oak leaf cluster, and the Combat Infantryman Badge. 5. A review of his official records shows no evidence of the applicant being wounded while in Vietnam or being transferred to a medical facility for treatment. Additionally, his name is not contained on the Vietnam Casualty Listing and there is no evidence of orders being published awarding him the Purple Heart. 6. The letter provided by the applicant with his application from a member of his unit indicates that the other member was evacuated with another member of their squad and the applicant elected to remain behind due to the shortage of men. He indicates that the applicant received shrapnel wounds to the chest. 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: 1. While the sincerity of the applicant’s claim that he was wounded as a result of enemy action is not in doubt, there is insufficient evidence to show that he qualifies for award of the Purple Heart. 2. The available records failed to show any evidence that the applicant was wounded or that treatment for such wounds was made a matter of record. 3. While the applicant claims he was X-rayed in a hospital in Vietnam, obtaining an x-ray does not constitute treatment for a wound. 4. Regrettably, in the absence of such evidence there appears to be no basis to award him the Purple Heart at this time. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X___ ___X____ ___X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ 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) AR20130002021 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130002021 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1