IN THE CASE OF: BOARD DATE: 23 July 2009 DOCKET NUMBER: AR20090005925 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 military records to show award of the Purple Heart. 2. The applicant states that he was wounded by shrapnel in June 1967 and was treated in the field for the injury. 3. The applicant provides no additional documentation in support of this case. 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 18 May 1966. He successfully completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. The applicant arrived in the Republic of Vietnam and was assigned to Company C, 4th Battalion, 47th Infantry, 9th Infantry Division on 28 January 1967. He was reassigned to E Company, 4th Battalion, 47th Infantry, 9th Infantry Division on 31 May 1967. On 3 January 1968, he departed the Republic of Vietnam. 4. On 17 May 1968, the applicant was honorably released from active duty. 5. The applicant's DD Form 214 with the period ending 17 May 1968 covers his service in the Republic of Vietnam. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons or Authorized) does not show award of the Purple Heart. 6. There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart. There also is no evidence in his service personnel records that show he was treated for wounds as a result of hostile action in Republic of Vietnam. The applicant's name is not listed on the Vietnam Casualty Roster. 7. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the applicant was wounded, and item 41 (Awards and Decorations) does not show award of the Purple Heart. 8. The applicant's Army Medical Treatment Records are unavailable for the Board's review. 9. 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: 1. There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart. There is no evidence in the available records and the applicant has not provided evidence that shows his injury was a result of hostile action. 2. Lacking any corroborating evidence of record showing the applicant was treated for a wound/injury that was the direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case. 3. Regrettably, in view of the foregoing, there is insufficient evidence that would warrant granting the applicant's request. 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) AR20090005925 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090005925 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1