BOARD DATE: 8 July 2010 DOCKET NUMBER: AR20090021322 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 that on the evening of 4 or 5 November 1969, while a member of Company E, 2nd Battalion, 5th Cavalry, 1st Cavalry Division, he received a shrapnel wound in his left thigh. He adds that he was service connected for this wound by Department of Veterans Affairs (VA). 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and VA's Hearing Officer's Decision. 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. Records show the applicant was inducted into the Army of the United States on 13 February 1968. He served in Vietnam from December 1968 to February 1970. He was honorably released from active duty on 6 February 1970. 3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not list the Purple Heart as an authorized award. 4. The applicant provided his Hearing Officer's Decision, dated 20 May 1996, that shows the VA granted him service connection for residuals, shell fragment wound of the left thigh. During a personal hearing, the applicant submitted a letter from his commanding officer in Vietnam, dated 15 April 1996. The officer said the applicant received a shrapnel wound to the left thigh during an enemy mortar attack. He offered that the wounding occurred approximately 7 to 10 days prior to a major assault by the North Vietnamese Army in November 1969. He recalled the applicant was hit by a large fragment that knocked him down, but only lacerated, burned, and bruised his leg. He added that the company medic cleaned and bandaged the applicant's wound and he [applicant] immediately returned to duty. 5. The available records contain no documentation which shows the applicant sustained wounds or was treated for wounds incurred as a result of hostile action. 6. The records contain no evidence or any general orders awarding the applicant the Purple Heart and his name is not listed on the Vietnam casualty roster. 7. 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 a medical officer, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. The fact that the applicant provided documentation from VA granting him service connection for residuals, shell fragment wound of the left thigh is not sufficient evidence to conclude that he is entitled to the award of the Purple Heart. The VA based their decision on a supporting statement from the applicant's commanding officer which was submitted over 26 years after the alleged wounding, recalling that the applicant was wounded during an enemy mortar attack in November 1969. The supporting letter does not provide evidence sufficiently compelling to overcome the absence of medical documentation. 2. There is no medical evidence available that shows the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam. Additionally, the applicant's name is not listed on the Vietnam casualty roster. Regrettably, in the absence of such evidence there is no basis for granting the applicant’s request for award of 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) AR20090021322 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090021322 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1