BOARD DATE: 15 October 2013 DOCKET NUMBER: AR20130003719 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 the award of the Purple Heart be removed from his DD Form 214. 2. The applicant states, in effect, that he desires to have the award of the Purple Heart removed from his DD Form 214 as he does not desire to be buried with any unearned awards. He goes on to state that his pistol fell out of his shoulder holster when he bent over and struck the hammer, causing the gun to go off and the round went through his right leg. He continues by stating that the wound was not serious and he bandaged it himself and proceeded to Da Nang where he found an aid station and was treated. He further states that he continued to take care of the wound himself as he was previously a medic during his first 8 years of service. When questioned about any wounds he simply stated that he had a gunshot wound to the right leg but made no mention of a Purple Heart being awarded. However, his records were prepared to reflect the Purple Heart. 3. The applicant provides a statement explaining his application; newspaper clippings; a copy of his DD Form 214, dated 7 December 1964; recommendations and citations for other awards; photographs of himself being awarded other awards; and photographs of his uniform as prepared for his burial without the award of the Purple Heart. 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 enlisted in the Regular Army on 30 November 1948 and continued to serve through a series of reenlistments. He served in Vietnam during the period of 12 September 1963 to 1 September 1964. 3. His Enlisted Qualification Record (DA Form 20) contains entries indicating that he received a gunshot wound in the right leg in Vietnam on 22 July 1964 and that the authority for award of the Purple Heart was a DD Form 214. 4. On 7 December 1964, he was honorably discharged for the purpose of immediate reenlistment. His DD Form 214 issued at the time of his discharge shows the award of the Purple Heart and indicates in block 27 (Wounds Received as a Result of Action with Enemy Forces) the entry “Gunshot Wound right leg, 22 July 1964, Vietnam.” 5. On 8 December 1967, he was again honorably discharged for the purpose of immediate reenlistment and his DD Form 214 issued at the time of his discharge contains the entry “Gunshot Wound right leg, (Vietnam) 22 July 1964.” 6. On 30 June 1970, he was honorably retired by reason of sufficient service for retirement in the rank of sergeant major. He had served 21 years, 5 months, and 26 days of active service. He was transferred to the Retired List effective 1 July 1970. 7. A review of the applicant's official records failed to show any orders awarding him the Purple Heart or any evidence other than the entry on his DA Form 20 to show he was wounded as a result of enemy action. Additionally, his name is not contained on the Vietnam casualty listing. 8. 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. Announcement in orders is required for award of the Purple Heart. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that the award of the Purple Heart should be removed from his DD Form 214 has been noted and appears to have merit. 2. There is no record of the applicant being actually wounded as a result of enemy action or orders being published for such an award. 3. By the applicant’s own admission, his wound was self-inflicted by accident and does not qualify for award of the Purple Heart. 4. Accordingly, his DD Forms 214, dated 7 December 1964 and 8 December 1967, should be corrected by deleting the Purple Heart and the entry “Gunshot wound right leg 22 July 1964, Vietnam.” BOARD VOTE: __X___ ___X_____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the Purple Heart and the entry “Gunshot wound right leg, 22 July 1964, Vietnam” from his DD Forms 214, dated 7 December 1964, and 8 December 1967. _______ _ 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) AR20130003719 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130003719 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1