IN THE CASE OF: BOARD DATE: 24 February 2011 DOCKET NUMBER: AR20100021400 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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. 2. He states he wishes to receive the Purple Heart for injuries he received while in the Republic of Vietnam. 3. He provides copies of three Western Union Telegrams. 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's records show he enlisted in the Regular Army on 29 May 1968. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) Republic of Vietnam from 13 November 1968 to 30 March 1969 * item 38 (Record of Assignments) he was assigned to: * 608th Transportation Company – 23 November 1968 to 23 March 1969 * Medical Hold Company, 106th General Hospital – 24 March to 29 March 1969 4. There are no orders in his records showing he was awarded the Purple Heart and his name is not shown on the Vietnam casualty roster. 5. There are no medical records in his Official Military Personnel File that show he was wounded as the result of hostile action in Vietnam. 6. He submitted three copies of telegrams to his parents dating between 13 March and 21 March 1969 that state he was injured in Vietnam on 9 March 1969 while a passenger on a military vehicle on a military mission when the vehicle left the road and overturned, throwing him out. 7. Army Regulation 600-8-22 (Military Awards) states 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: Although the applicant was seriously injured while in the Republic of Vietnam, there is no evidence of record and he provides none to show he was wounded as a result of action against an enemy or as a result of hostile action. Therefore, there is insufficient evidence in which to base award of the Purple Heart or correcting his DD Form 214 to show 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) AR20100021400 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1