IN THE CASE OF: BOARD DATE: 6 November 2012 DOCKET NUMBER: AR20120009032 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 that he be awarded the Purple Heart. 2. The applicant states he was wounded in mortar fire in early spring of 1967 during an air assault on a hot landing zone. He goes on to state that he jumped from the helicopter, there was an explosion, and he felt something hit him in the throat. He continues by stating that a bandage was applied and the assault continued. About a month later other squad members remarked that his uniform was soaked in blood. He was then transported by helicopter to the hospital where they worked to stop the bleeding and removed the shrapnel from his throat. 3. The applicant provides a one-page letter explaining his application, a two-page letter, from his squad leader at the time, and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 in Newark, New Jersey on 17 December 1965. He completed the training requirements as an infantryman and he was transferred to Fort Benning, Georgia for assignment to Company A, 2d Battalion, 3d Infantry Regiment, 199th Infantry Brigade. 3. On 21 November 1966, he was transferred to Vietnam with his unit and he was advanced to the pay grade of E-4 on 7 July 1967. 4. He departed Vietnam on 30 September 1967 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) as an overseas returnee on 1 October 1967. He had served 1 year, 9 months, and 7 days of active service. His DD Form 214 reflects that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Combat Infantryman Badge. 5. A review of his records failed to show any evidence of the applicant being wounded in Vietnam or any treatment that was made a matter of record. His medical records are not available for review as they were loaned to the Department of Veterans Affairs Regional Office in Newark, New Jersey on 27 March 1969. 6. The applicant’s name is not contained on the Vietnam Casualty Listing. Additionally, a search 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 him the Purple Heart. 7. The statement submitted by the applicant's squad leader indicates that while he cannot remember the exact date, he does remember seeing blood on the applicant’s face. He also indicates that it was not unusual for minor wounds to be discounted until later on when they could be treated by a medic. 8. 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 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. While the sincerity of the applicant's claim that he was wounded in Vietnam is not in doubt, he failed to show through the evidence of record and the evidence submitted with his application that he was wounded as a result of enemy action and that the treatment for his wound was made a matter of record. 2. Therefore, in the absence of such evidence, there appears to be no basis to award him the Purple Heart at this time. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ____X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ _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) AR20120009032 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120009032 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1