IN THE CASE OF: BOARD DATE: 25 March 2010 DOCKET NUMBER: AR20090015870 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 amendment of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) to reflect award of the Purple Heart. 2. The applicant states he was awarded the Purple Heart for a wound to the left knee he received on 13 March 1968, in the Republic of Vietnam (RVN). 3. The applicant provides a self-authored statement. 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 enlisted in the Regular Army and entered active duty on 7 November 1966. He was trained in and awarded military occupational specialty (MOS) 63B (Wheeled Vehicle Mechanic). 3. His DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) he served in the RVN for the period 15 November 1967 through 11 November 1968. Item 38 (Record of Assignments) shows on 20 November 1967 he was assigned to Headquarters and Headquarters Company, 17th Combat Aviation Group, and later assigned on 13 January 1968 to the 155th Aviation Company performing duties in MOS 63B. 4. Item 40 (Wounds) of the applicant's DA Form 20 is blank and item 41 (Awards and Decorations) does not include the Purple Heart in the awards listed. His record is void of orders or other documents showing he was awarded the Purple Heart by proper authority. 5. A Standard Form 600 (Chronological Record of Medical Care) contains an entry for 13 March 1968, but this entry does not indicate the applicant received medical treatment for wounds caused by hostile action. 6. A Standard Form 88 (Report of Medical Examination) and Standard Form 89 (Report of Medical History), dated 22 October 1969, do not reference wounds received as a result of hostile action. 7. The applicant's DD Form 214 shows he was honorably released from active duty on 6 November 1969 after completing 3 years of active military service. The Purple Heart is not included in the list of awards in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). 8. The Army's Awards and Decorations Computer Assisted Retrieval System (ADCARS) does not contain orders awarding the applicant the Purple Heart. 9. The applicant's name does not appear on the Vietnam Casualty Roster. 10. The applicant provides a self-authored statement in which he makes the following assertions: a. His company commander awarded him the Purple Heart and he is in possession of the medal. b. The award was recorded by the company clerk. c. During a mortar attack on his unit's compound, on 13 March 1968, he jumped into a foxhole, injuring his left knee. d. He did not seek medical treatment for the injury. e. On a later unspecified date, he twisted his knee in a mess hall but did not seek medical treatment after the incident. f. In April 1978, he again injured his knee and was informed that the meniscus had been torn years before. 11. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that he is entitled to award of the Purple Heart was carefully considered. Unfortunately, the evidence does not support his contention. 2. Other than his own statement, there is no evidence in the applicant's record that he was wounded as a result of hostile action or that any such wound required medical treatment. The available service medical records make no reference to any wounds. In addition he admitted that he did not seek medical treatment for the 13 March 1968 injury. 3. The applicant has the burden of proving an error or injustice exists by a preponderance of the evidence. In the absence of military records which show that the applicant was wounded or treated for wounds resulting from hostile action and that medical treatment for the wound was made a matter of official record, there is insufficient evidence upon 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 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) AR20090015870 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090015870 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1