IN THE CASE OF: BOARD DATE: 22 June 2010 DOCKET NUMBER: AR20090021210 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 has shrapnel in his left arm as a result of an incident on 23 January 1968 in Vietnam * his unit was ambushed during a mounted search and destroy mission * the armored personnel carrier he was on was hit by at least 1 rocket propelled grenade * the medic tagged him but he was not dusted off * the shrapnel is sometimes bothersome in cold weather 3. The applicant provides: * two -radiology reports * DD Forms 214 (Report of Transfer or Discharge) for the periods 18 April 1969 and 16 October 1973 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 12 July 1967. He served as an infantry indirect fire crewman in Vietnam from 17 December 1967 to 16 December 1968. On 18 April 1969, he was honorably discharged for enlistment in the Regular Army. He enlisted in the Regular Army on 19 April 1969 for a period of 4 years. He served as an infantry indirect fire crewman in Vietnam from 4 May 1970 to 25 April 1971. On 16 October 1973, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Standby) to complete his remaining service obligation. 3. The applicant's DD Forms 214 for the periods ending 18 April 1969 and 16 October 1973 do not show the Purple Heart as an authorized award. 4. There are no orders for the Purple Heart in the applicant’s service personnel records. 5. The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank. The applicant's name does not appear on the Vietnam Casualty Roster. 6. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant. 7. In support of his claim, the applicant provided two radiology reports, dated 4 December 1991 and 2 November 2009. These reports state left forearm x-rays show there is a small metallic foreign body in the subcutaneous tissues of the forearm, radial aspect, approximately 5 cm distal to the elbow. The impression on the 4 December 1991 report states "A 1 X 4 millimeter radiopaque foreign body." The impression on the 2 November 2009 states "Small shrapnel fragment in the lateral aspect of the proximal forearm soft tissue." However, there is no evidence this metallic foreign body is the result of hostile action. 8. Army Regulation 600-8-22 (Military Awards) 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 by medical personnel, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the radiology reports provided by the applicant are not sufficient as a basis for award of the Purple Heart. Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case. 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) AR20090021210 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090021210 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1