BOARD DATE: 18 July 2013 DOCKET NUMBER: AR20120022411 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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this medal. 2. The applicant states he should have received the Purple Heart. He was wounded in action on the same day as the action for which he received the Bronze Star Medal with "V" Device for valor (15 February 1967). 3. The applicant indicated he was attaching his DD Form 214, a statement from H____ K____, and a self-authored statement; however, these documents were not provided with his application. 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 23 November 1965. He was awarded military occupational specialty 11B (Light Weapons Infantryman) upon completion of initial entry training. 3. General Orders Number 995 issued by Headquarters, 4th Infantry Division, dated 19 May 1967, awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 15 February 1967. He was cited for placing devastating fire on enemy positions and rendering assistance to wounded comrades. The narrative reason does not indicate he was wounded in action. 4. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) – he was credited with service in Vietnam from 21 July 1966 to 7 June 1967 * item 38 (Record of Assignments) – he was assigned as an assistant gunner and a grenadier in Company B, 1st Battalion, 12th Infantry, 4th Infantry Division, Vietnam, during the period 21 July 1966 to 6 June 1967 * item 40 (Wounds) – no identified battle wounds 5. A review of the Vietnam casualty list did not reveal the applicant's name. 6. He was honorably released from active duty on 22 November 1967. His DD Form 214 does not show award of the Purple Heart. 7. His record is void of any documents that indicate he was ever wounded in action. 8. A review 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 for award of the Purple Heart pertaining to the applicant. 9. 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. The applicant contends he was wounded in action while serving in Vietnam. However, there is no evidence of record and he did not provide any evidence that he incurred an injury as the result of hostile action. 2. In the absence of documentary evidence to show he was wounded or injured as a result of hostile action, treated for such wounds, or that the medical treatment was made a matter of official record, there is no basis for awarding him the Purple Heart in this case. 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 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) AR20120022411 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120022411 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1