IN THE CASE OF: BOARD DATE: 27 June 2013 DOCKET NUMBER: AR20120022333 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 was injured during a grenade attack while near Saigon when someone threw a grenade injuring him in the left arm. He states he was airlifted to the hospital in Saigon and he believes he should be awarded the Purple Heart for injuries sustained by the enemy. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his Department of Veterans Affairs (VA) compensation award. 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 9 August 1967. He completed basic training at Fort Bliss, Texas, and advanced individual training as a cannon crewman at Fort Sill, Oklahoma, before being transferred to Vietnam on 18 January 1968 for assignment to the 2nd Battalion, 40th Artillery Regiment, 199th Light Infantry Brigade. 3. He served in Vietnam until 16 January 1969 when he was transferred to Fort Carson, Colorado. He was honorably released from active duty on 8 August 1969 due to the expiration of his term of service. He completed 2 years of active service. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal with five bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Valorous Unit Award. 4. A review of his official records failed to show any evidence of being wounded or being awarded the Purple Heart. Additionally, his name is not on the Vietnam casualty listing. 5. A review of his separation physical examination indicates he had an injury to his left arm on 23 December 1968 in Vietnam but provides no details of the injury. 6. The VA compensation award provided by the applicant shows he received a 20-percent disability rating for a shell fragment wound to his left arm. 7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or 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 medical personnel, 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 injured as a result of enemy action in Vietnam is not in doubt, he has failed to sufficiently show through the evidence of record and the evidence submitted with his application that such was the case and that treatment was made a matter of record. 2. In the absence of evidence to the contrary, there appears to be no basis to grant his request for award of 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 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) AR20120022333 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120022333 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1