IN THE CASE OF: BOARD DATE: 19 May 2010 DOCKET NUMBER: AR20090019353 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart. 2. The applicant states that he received a shell fragment wound to his right arm while in the Republic of Vietnam. He was sent to the battalion aid station. 3. The applicant provides a copy of a newspaper article, dated 22 September 1971, reporting that he had been wounded in action and was awarded the Purple Heart. 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. On 21 January 1970, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 52B (Power Generator Operator/Mechanic). He was subsequently assigned for duty in the Republic of Vietnam. 3. On 14 October 1970, the applicant was assigned for duty as a repair parts specialist with Headquarters and Headquarters Battery, 6th Battalion, 11th Field Artillery Regiment. 4. On 21 September 1971, the applicant was assigned as a patient to the Medical Holding Company, 95th Evacuation Hospital. On 2 October 1971, he was further assigned to Valley Forge General Hospital. 5. On 24 November 1971, the applicant was released from patient status and assigned to Fort Campbell, Kentucky. 6. On 5 May 1972, the applicant was discharged. He had completed 2 years, 1 month, and 17 days of creditable active duty service. 7. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 8. The applicant's name is not listed on the Vietnam casualty roster. 9. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank. Item 41 (Awards and Decorations) of this same form does not show award of the Purple Heart. 10. 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 awarding the applicant the Purple Heart. 11. Army Regulation 600-8-22 (Military Awards) provides 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. 12. The applicant provided a newspaper article from the Chillicothe Gazette, dated 22 September 1971, that reports he had received the Purple Heart for wounds suffered in action while assigned as a radio telephone operator in the 6th Battalion, 11th Field Artillery Regiment. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he was wounded in action and that his DD Form 214 should be corrected to show award of the Purple Heart. 2. There are no general orders available that show the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam casualty roster. 3. The newspaper article provided by the applicant is not sufficient evidence by itself upon which to base a correction of his records. 4. Should he have or be able to obtain a copy of the orders awarding him the Purple Heart or be able to provide other evidence to corroborate this award, such as his service medical records showing he was treated for wounds received in action, he may submit another application for consideration. 5. In view of the above, the applicant's request should be denied. 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) AR20090019353 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090019353 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1