IN THE CASE OF: BOARD DATE: 20 November 2012 DOCKET NUMBER: AR20120009381 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 that his military medical records show he had a laceration above the left eye requiring suturing. He continues by stating that it was a shrapnel wound and he was never awarded the Purple Heart. 3. The applicant provides copies of: a. a Standard Form 600 (Chronological Record of Medical Care) which shows he was treated for a 1 inch laceration above the left eyebrow and he received stitches at the 7th Medical Detachment Dispensary; b. his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and c. one page from a previous Record of Proceedings from the Board concerning the correction of his social security number. 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 on 6 October 1965. He completed basic training at Fort Knox, Kentucky and he was transferred to an engineer company at Fort Bragg, North Carolina to undergo training as a pioneer. 3. On 28 September 1966, he was transferred to Vietnam with his unit and he was promoted to the rank of sergeant on 14 March 1967. 4. On 17 September 1967, he departed Vietnam for Oakland Army Base, California where he was honorably released from active duty (REFRAD) as an overseas returnee that date. He had served 1 year, 11 months, and 12 days of active service. The DD Form 214 issued at the time of REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Army Good Conduct Medal. 5. A review of his records failed to show any evidence of the applicant being wounded or injured as a result of enemy action. Additionally, his 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. 6. 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. 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) AR20120009381 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120009381 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1