IN THE CASE OF: BOARD DATE: 8 March 2016 DOCKET NUMBER: AR20150008028 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 should have been awarded the Purple Heart for a right-thigh shrapnel wound sustained during a firefight with the enemy in Vietnam * he is receiving service-connected compensation for that wound * he was awarded the Combat Infantryman Badge and two awards of the Army Commendation Medal for valor 3. The applicant provides a copy of 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 6 December 1968. He served as a light weapons infantryman in Vietnam from 15 December 1969 to 7 September 1970. 3. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank. 4. Item 41 (Awards and Decorations) of his DA Form 20 does not show the Purple Heart as an authorized award. 5. His records show he was awarded the Army Commendation Medal for heroism on 14 March 1970 in the Republic of Vietnam. The citation for this award does not show he was wounded in action on that date. 6. His Standard Form 88 (Report of Medical Examination), dated 7 September 1970, shows he underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam. Item 37 (Lower Extremities) and item 39 (Identifying Body Marks, Scars, Tattoos) of this form show he was rated normal. 7. On 7 September 1970, he was honorably released from active duty. 8. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * Bronze Star Medal * Army Commendation Medal (3rd Award) * Combat Infantryman Badge * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 9. There are no orders for the Purple Heart in his available records. 10. His name is not listed on the Vietnam casualty roster. 11. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20. The instructions further stated the date the wound or injury occurred would also be entered in item 40. 12. Army Regulation 600-8-22 (Military Awards) provides that 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. The applicant contends he was wounded by shrapnel in his right thigh during a firefight with the enemy in Vietnam. 2. The evidence of record shows he underwent a separation physical examination on 7 September 1970 which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam. His lower extremities were rated normal and no scars were noted. 3. His name does not appear on the Vietnam casualty roster and item 40 of his DA Form 20 is blank. 4. Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart. The Purple Heart requires evidence to verify the wound was the result of hostile action, treatment of the wound by military medical personnel, and documentation of the wound in official records. 5. Since there is no evidence of record showing he was wounded as a result of hostile action in Vietnam, there is insufficient evidence on which to base 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) AR20150008028 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008028 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1